The legal summons, seen by AFP, requests a Paris court “to order the suspension of the FIA presidential election until a ruling is made” over the dispute.
The election is due on Dec 12 and a court hearing has been set for Nov 10.
Election regulations, amended in June by the current leadership, require candidates to appoint vice-presidents from each of the six global regions, chosen from a list approved by the FIA.
But there is only one person in the FIA approved list from South America, Brazilian Fabiana Ecclestone — the wife of ex-Formula One supremo Bernie Ecclestone. She has already agreed to be part of Ben Sulayem’s team.
“Hence, no competing list could include a vice-president for South America among its six vice-presidents, as that region is already represented by Fabiana on the Ben Sulayem’s list,” the emergency filing stated.
The deadline for submitting candidacies was Oct 24.
“I tried twice to initiate a constructive dialogue with the FIA on key issues such as internal democracy and transparency of electoral rules,” Villars said in a statement sent to AFP.
“The responses I received did not meet the stakes. I am not acting against the FIA, I am acting to preserve it. Democracy is not a threat to the FIA, it is its strength.”
Based in Paris, the FIA is responsible for organising the F1 and rally world championships, as well as promoting road safety. It has more than 240 clubs across 146 countries, representing around 80 million members.
The issue of being unable to stand in the election was raised earlier this month at the United States Grand Prix in Austin by American Tim Mayer, the son of former McLaren team chief Teddy Mayer, who also wanted to run for president.
“There will be only one candidate, the incumbent,” Mayer said. “That’s not democracy — that’s the illusion of democracy.”
A former rally driver, Ben Sulayem succeeded Frenchman Jean Todt as FIA president at the end of 2021. His time at the helm of motorsport has been dogged by controversy.
The 63-year-old was taken to task by seven-time world champion Lewis Hamilton for using stereotypical language when discussing the use of foul outbursts by drivers on team radios.
Drivers fell out with the FIA over its crackdown on swearing. The guidelines were strengthened in January, triggering an indignant response from drivers.
Controversial fines were later reduced after a backlash from the grid.
In April, the FIA’s deputy president Robert Reid resigned with a damning parting shot at Ben Sulayem, criticising his governance and a lack of transparency.