The Senate voted 104 to 68 to seek a court ruling on the qualifications of the five.

But a final decision on whether to seek the court ruling would depend on further discussions with senators over the next seven days, caretaker Senate Speaker Suchon Chaleekrua said last night.

NCCC nominees must have the civil service rank of director-general or equivalent, under the Constitution.

The five are National Economic Social and Development Board deputy secretary-general Santi Bang-or, Deputy Auditor-General Sajja Sasanawin, Basic Education Commission deputy secretary-general Areerat Watanasin, National Police Commission assistant commissioner Pol Lt-Gen Wanchai Srinualnad and Suan Sunantha Rajabhat University former rector Dilok Bunruangrod.

The majority of senators want the court to rule if the five qualify in accordance with Article 256 (3) and Article 297.

Suchon said the Senate would decide within seven days whether to seek the court ruling over the matter or ask the selection committee of the NCCC to select nominees again.

Sources said two of the five candidates who have qualification problems are favourites to win a nomination. However, many senators fear that if they are nominated, they may be refused royal endorsement.

Thai Rak Thai Party deputy leader Pongthep Thepkanchana yesterday denied the party tried to secure a bloc vote for favoured nominees to sit on the NCCC and the new Election Commission.

The accusation against the party was not true because the Supreme Court selected 10 candidates to be on the new EC - so why would the party try to arrange a "bloc vote"?

"Whoever are nominated as the five EC commissioners, they are not different from the rest [five other nominees] because the Supreme Court selected all of them. What is the use of bloc voting?'' he said.

Pongthep said it was not certain how many days would be needed to complete the process. "When we have the new EC, only then can they tell whether they will be able to manage the election in time."