
They submitted their demand via Senate President Prasobsuk Boondej to the Constitution Court, asking the court to nullify the joint communique signed with Cambodia to support the application.
The joint communique was deemed to be an agreement that could make changes to Thai sovereignty over the temple and surrounding area, Senator Rosana Tosittrakul said.
Such an agreement needed the approval of the Parliament, rather than the Cabinet, before any signature could be signed, she said.
The International Court of Justice ruled in 1962 that the temple was situated in territory under the sovereignty of Cambodia, but the Thai government announced its disagreement and reserved the right to review the case.
The current government's acceptance of Cambodia's new drawing to annex the site in its proposal might damage Thailand's inherent right reserved 46 years ago, Rosana said.
The senators' court move is the second legal effort to derail Thai acceptance of the listing bid after the People's Alliance for Democracy filed a case with the Administrative Court, which demanded the Cabinet's endorsement of the joint communique be dropped.
The Foreign Ministry has not yet given any response to the court's decision.
Deputy Prime Minister Somchai Wongsawat said the government would urge the Council of State, a legal adviser for the government, to consider the Administrative Court's decision before anything else.
Senator Somchai Savaengkarn said the ministry needed to get written confirmation of the court's decision before the joint communique could be terminated.
The opposition Democrat Party sent letters yesterday to 21 members of the world heritage committee through the Bangkok office of the United Nations Educational Scientific and Cultural Organisation (Unesco), asking them to delay any decision on Preah Vihear.
Democrat leader Abhisit Vejjajiva said the best option would be for Cambodia and Thailand to jointly propose listing the temple.
The Unesco world heritage committee will make a final decision on Cambodia's unilateral application on the Preah Vihear at a meeting in Quebec between July 2-10.