Police intervene in a clash between protesters and supporters of the Election Commission at the agency’s office yesterday. A number of journalists were assaulted during the confrontation.

"The incumbent EC members should be aware that regardless of how they try to keep their job, the fact remains they no longer have the legitimacy to uphold their duties," judge Jaran Pakdithanakul said.

Jaran, who is secretary to the Supreme Court president, was speaking for the second time this week to urge the EC to quit and allow the judiciary to arrange a more credible electoral process.

In a tactical move to meet the quorum requirement, the three EC members could petition the Constitution Court to rule on whether the situation warrants the Supreme Court intervening and nominating EC candidates to fill the two vacant positions, Jaran said.

Under existing provisions, the Supreme Court and the EC selection committee are responsible for making separate nominations of candidates for the Senate to vote on. But the selection panel has lacked a quorum, which has stalled the nomination process for almost a year since the death of EC member Jaral Buranapansri.

Supreme Court secretary Wirat Chinwinichakul said he doubted any judges would apply for places if the incumbent trio refused to quit.

Wirat said he was certain the full bench of 86 Supreme Court judges would not push for nominations unless the three incumbents step aside.

Many judges were reluctant to get involved with management of the electoral process because the Criminal Court is due to rule on May 29 on whether two cases against the EC merit a judicial review on the botched vote.

Cabinet secretary-general Bowornsak Uwanno said the EC could function with just three members but would face increasing difficulties in carrying out its duties.

"For many duties, the EC members are required to reach a unanimous decision and none of the three can get sick because the two members would not constitute a committee vote," he said.