The Constitution Court unanimously agreed to take up the case forwarded by the Election Commission tomorrow to rule who has the authority to postpone the election, the poll panel or the caretaker government headed by Yingluck.
The court said it has a duty to settle conflicting opinions between the two sides, Bangkok Post reported.
The Election Commission has asked the court to rule on the different legal interpretations of who has the power and responsibility to call a new election, despite a royal decree having been issued for the polls to be held on February 2.
Thai authorities yesterday imposed a 60-day emergency rule in Bangkok to prevent an escalation in the protests. The emergency rule gave the government wide-ranging power to control crowds and censor media.
Thousands of anti-government protesters led by Suthep Thaugsuban continued to hold rallies in the capital, ignoring the emergency rule. It is the first march undertaken by Suthep, a former opposition Democrat Party lawmaker, since emergency was imposed.
The ongoing unrest, sparked by an amnesty bill that could have facilitated Thaksin's return to the country, has pitted Bangkok's middle class and royalist establishment against the mostly poorer, rural supporters of Yingluck and her brother.
Yingluck has signalled her determination to go ahead with the February 2 snap polls, while the opposition said it would boycott the vote to press the premier to step down. The protesters want an unelected "people's council" to govern the country until political reforms are carried out.
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