Chennai: Pointing out that the decision to conduct the election was not taken as per the bye-laws of the South Indian Artistes Association (SIAA), the Madras high court stayed the notification issued by the SIAA to conduct election to the post of office bearers of the association on July 15. Giving the order, the judge said there was nothing placed on record before the court to show that the decision to conduct the election was taken by the Administrative Committee as contemplated under the bye-laws.
Allowing the applications arising out of the suits filed by actors Vishal, Nasser, Si. Karthi and Poochi Murugan, Justice K. Ravichandrabaabu said since the election notification was stayed, the disposal of the main suits cannot be delayed or prolonged any further as the election to the SIAA has to be conducted at an early date without any further loss of time.
In their suits, the actors sought to declare the election notification as null and void and consequently to appoint an election officer to conduct the election. The president and general secretary of SIAA were directed to file their respective written statements within two weeks and the reply statements shall be filed by the plaintiffs (actors) within two weeks thereafter, and on completion of the pleadings, both the suits shall be listed for trial / disposal, the judge added.
From their own document, namely the proceedings / resolution of the executive committee meeting held on June 1, 2015 it was seen that only the president (R Sarathkumar) has taken such a decision unilaterally and sought the approval of the executive committee and not from the Administrative committee. “In my considered view, even assuming that such an approval was sought for from the Administrative Committee, the same is not in accordance with the bye-laws of the association in so far as the conduct of the election is concerned. 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 illegal and without jurisdiction”, the judge added.
The judge said another clinching evidence was also brought to the notice of this court namely the receipt dated April 24, 2015 issued by Cine Musicians' Trust (CMT) and the letter written by the CMT to the Commissioner of Police on the very same day, stating that the CMT auditorium and GVK Mini Hall had been allotted to the SIAA for conducting the 2015-18 election from July 14 to 16. It was seen from the said receipt that a sum of Rs 60,000 was paid by the SIAA to CMT towards the use of the premises for conducting election on those days. These two documents were placed before this court by the SIAA themselves.
“It is evident that even before issuing the election notification dated June 5, 2015, the date and venue were fixed in the absence of any decision taken by the Administrative Committee”, the judge pointed out.
‘We respect court verdict’
Reacting to the interim stay issued by Madras high court for July 15 Nadigar Sangam elections, actors Vishal and Nasser (who have decided to contest against the present president Sarathkumar and secretary Radha Ravi) said, “We respect the court verdict. We filed the petition and appealed only for conduct of fair elections. We hope that justice will prevail.”Meanwhile, Sarathkumar told a private television channel that the SIAA would file an appeal challenging the stay granted by the court.
