"There is nothing placed on record before this court to show that the decision to conduct the election was taken by the Administrative Committee as contemplated under the bye laws", Justice K Ravichandra Baabu said.
He was passing interim orders on petitions filed by actors Vishal, Naseer and Karthi to declare as null and void the election notification issued by the SIAA on June 5.
The petitioners found fault with the manner in which the election was declared by SIAA General Secretary Radha Ravi and President Sarathkumar, whom they alleged wanted to remain as office bearers for their life time.
At this juncture, it is to be noted that a decision taken by "an incompetent authority" cannot be ratified later, as such action of taking a decision, is void, illegal and without jurisdiction", the judge said.
Also Read
He also said there was clinching evidence through documents that the venue of elections had been booked much before the decision was taken to issue notification.
Observing that normally, when once the election process is commenced, it will not be stalled by courts unless there was a compelling circumstance warranting to do so, the judge said, "In this case, this Court has prima-facie found that the very issuance of the election notification is without jurisdiction."
Observing that the disposal of main civil suits cannot be delayed in view of the stay on election, the judge directed the parties to file their written statements in two weeks, thereafter rejoinder in two weeks and list it for final disposal.