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Madras High Court Confirms Legitimacy of Auroville’s Working Committee – Notice from AVF Legal

Coordinator

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Mass Bulletin Auroville <massbulletin@auroville.org.in> Tue, Oct 22, 2024 at 15:34

To: Mass Bulletin Auroville <massbulletin@auroville.org.in>

Auroville’s Working Committee, duly selected as per Section 20 of the Auroville Foundation,

established as legitimate by the Madras High Court on 01.08.24 by a Single Judge Bench

(Writ of Quo Warranto W.P.No.12980 of 2023)

We are pleased to announce that a single judge bench of the Madras High Court, on 01.08.24, has established

and reinforced the authority of the Working Committee of the Residents’ Assembly of Auroville composed of

Anu, Arun, Srimoyi, Partha, Joseba, Selvaraj, and Tine, selected under Section 20 of the Auroville Foundation

Act.

The confusion regarding the legitimacy of the Working Committee caused by some unauthorised residents,

claiming to be the rightful Working Committee, had caused substantial confusion within and outside the

community of Auroville and has been now brought to a closure with this Order.

The Order states:

“60. [...]R1 to R7 draw authority and sustenance from the admitted position that R1 to R4 were selected in

accordance with the PWG procedure in 2021 and R5 to R7 replaced the break-away group in April 2022.

61. The removal of the members of the break-away group is in accordance with the procedure provided for

such removal in the PWG document. It is not denied that R1 to R7 have attained the age of majority and their

names also find place in the Register of Residents after due verification by the OSD. Thus, their position as

members of the Working Committee of the Residents’ Assembly is found to be legitimate, with requisite

authority.

62. In addition, the OSD has, in document dated 20.02.2023 found that the records reveal that R1 to R7

comprise the Working Committee and this would also serve to clothe R1 to R7 with the required legitimacy to

function as the Working Committee.

[...]

66. In light of the aforesaid discussion, I find no merit in the plea seeking writ of quo warranto as against R1

to R7.”

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In summary, the court, after consideration of the arguments from the petitioner and the respondents, has

dismissed the writ petition seeking *quo warranto*, which challenged the authority of the real Working

Committee to hold office. In other words, the court has ruled in favour of the Respondents [R1 to R7: Anu,

Arun, Srimoyi, Partha, Joseba, Selvaraj, and Tine & R8: Secretary of the Auroville Foundation], wherein R1 to

R7 were recognized as holding the proper authority to act as the Working Committee.

The court also observed that the lack of regulatory measures for the selection of a Working Committee has

led to the current situation. The judge further observes that any attempt at regulatory measures in Auroville

seems to be met with resistance.

Relevant excerpts:

“[...]56. It is very unfortunate that a Foundation of the stature of Auroville has existed thus far without a clear

framework for selection of the members of the Working Committee. The need for such Regulation has never

been more evident than it is today and there is a clarion call for finality in this regard.

57. To such end, The Auroville Foundation (Framework for Selection of Working Committee) Regulations,

2024 has been issued seeking to bring out Regulations on the methodology for selection of the Working

Committee of the Residents' Assembly but was immediately challenged in WP.No.1477 of 2024 and an

interim stay of the Regulations obtained on 23.02.2024.

58. The narration as above would reveal that any attempt to regulate the functioning of the Foundation has

met with resistance and prompt resort to the Courts. Both Regulations, one for bringing in procedures to

update the Register of Residents and the other to appoint the members of the Working Committee have faced

this grim fate. Thus, till such time the Regulations are finalised, the directions issued by the First Bench on

04.09.2023 would govern the field qua the management and functioning of Auroville.”

The court has also explicitly recognized and reinforced the authority of the OSD (Officer on Special Duty)

appointed as per Section 15(3) of the Act as follows:

“52. On the other hand, the Register that has been submitted by the OSD at the behest of R8, along with a

tabulation of the various particulars relating to the contents thereof, reveals a totally different picture with

only 1861 members.

53. The OSD has been appointed in terms of the Section 15(3), in terms of which, the Governing Board may

appoint such other officers and employees as may be necessary for the efficient performance of its

functions. Section 17 sets out the powers and functions of the Governing Board as follows [...]

[...]

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55. In terms of Clause (d) of Section 17, it is the Governing Board which is vested with the power of

monitoring and review of the activities of Auroville and to secure proper management of the property vested

in the Foundation as well as other properties of Auroville. Thus, it is the OSD who, as on date, is the proper

authority to oversee the functioning of the Foundation, as confirmed by the interim orders granted by this

Court. I would thus go by the status as confirmed by the OSD.”

This verdict not only confirms that the Working Committee of the Residents Assembly is composed of Anu,

Arun, Srimoyi, Partha, Joseba, Selvaraj, and Tine, but is yet another victory in the establishment of truth over

falsehood, clarity over confusion.

For more information, visit the article published by AVF Legal on Auroville (on Auronet), where we have

included a copy of the original order as well as an “FAQ” document which answers the most commonly asked

questions from the community on this subject.

Submitted by the AVF Legal Coordinator

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