Five EC members signed the petition, asking the court to call a new gubernatorial election after deciding to give a "yellow card" to Mr Sukhumbhand.
A candidate who won the election but receives a "yellow card" is subject to relinquish the position but allowed to re-contest in a new election.
The deadline for the EC to bring the case with the court is tomorrow – one year after Mr Sukhumbhan was elected.
The EC voted 3:2 on March 11 to give a "yellow card" to Sukhumbhand for violating Thailand's election law after his supporters slandered his opponent during the election campaigns.
In case the court accepts the case for consideration, Mr Sukhumbhand is required to stop performing his duty until a verdict is given. One of the deputy governors will temporarily replace him.
If Mr Sukhumbhand is found guilty as charged by the EC, a new gubernatorial election must be held in 60 days after the court’s ruling.