Election Commissioner Somchai Srisuthiyakorn said the ruling was required after the embattled premier Yingluck Shinawatra's government insisted that it could not enact a new decree to set a new election date for 28 constituencies in eight southern provinces where voting could not be held.
Anti-government protesters, backed by the main opposition Democrat Party, had locked polling stations in the southern provinces - their stronghold. They also disrupted advance polling in Bangkok on January 26.
Somchai, the EC member in charge of election management, said caretaker Deputy Prime Minister Pongthep Thepkanchana yesterday forwarded the Council of State's opinion on the matter to the cabinet.
The council's opinion is that a new royal decree is not necessary because the old one is still in effect. The council also said that the EC is duty-bound to complete the election as required by the law.
EC secretary-general Puchong Nutrawong said he had drafted a letter of request for a Constitution Court ruling which will be submitted to an EC meeting tomorrow for endorsement.