Mr Suthep has been charged with insurrection in violation of Section 113 of the Criminal Code relating to his supporters' invasion of state offices, including the Finance Ministry and the government complex on Chaeng Watthana Road.
Mr Chalerm said Mr Suthep’s call for caretaker Prime Minister Yingluck Shinawatra and her cabinet to step down by 10.30pm tonight to make way for an unelected “People’s Council” cannot be carried out since it would equate to an act of malfeasance under Section 157 of the Criminal Code.
He added that a royal decree endorsed by His Majesty the King on Monday night stated a general election would take place on Feb 2, so the prime minister and the Election Commission chairman must act as caretakers to ensure the decree is properly executed.
He urged Pol Lt Gen Kamronwit to arrest Mr Suthep on insurrection charges within the next two days.
Mr Chalerm said anti-government protesters should return home because their demand to hand power back to the people has been met with the dissolution of parliament and the promise of fresh elections.