The court called the ruling session after completing a hearing yesterday.

As plaintiff, Democrat Party deputy secretary-general Thaworn Senniam has named six defendants, including the EC chairman Vasana Puemlarp, the other three commissioners and secretary-general Ekachai Warunprapha.

Although commissioner Jaruphat Ruangsuwan resigned last Monday, he will be tried if the case merits a judicial review.

In testifying to the court, Thaworn said the EC had unfairly managed the repeat vote in order to help the Thai Rak Thai Party overcome the 20 per cent minimum vote rule.

After the balloting for the April 2 election, candidates from the ruling party ran unopposed in 38 constituencies and failed to achieve 20 per cent of votes, a minimum requirement to declare victory.

For the repeat vote in 15 provinces, the EC reopened the candidacy registration letting in additional candidates to enable the ruling party to secure victory, Thaworn claimed.

In Songkhla's constituency six, a Thai Rak Thai candidate won with 6,000 votes, accounting for fewer than 7 per cent of the available ballot and below the 7,000 votes received in the first round, Thaworn said.

He told the court about an earlier verdict disqualifying a candidate from running in the repeat vote because the person had already contested the April 2 election.

The verdict stated the repeat vote meant the first round of balloting was incomplete meaning candidates could not switch constituencies mid-race, Thaworn said.

Many candidates contesting the repeat vote also ran in the first round, he said.

At the start of the yesterday's session, the EC legal team asked for the hearing to be postponed until August because they had insufficient time to prepare a defence.

The court dismissed the request and told the EC it had been given a month and all the records needed for the case were available in its office.