According to report of the FM 100 Traffic Radio, all the five commissioners, voted 4-1 to reach an agreement to forward the case to the Constitution Court.
The two shows are both cooking programs, which are on air on commercial TV.
According to the Article 267 of the Constitution, the prime minister is strictly prohibited from holding any position in a partnership, a company or an organization carrying out business with a view to sharing profits or income, or being an employee of any person.
Samak earlier told the Election Commission that he appeared in the program only as an honorary guest, did not sign any contract with the program producer and did it for free.
However, after several days investigation, the EC concluded on Wednesday that Samak has received profits from the TV show programs, the radio report said.
It is not known yet when the court will launch judicial review into the case.
