Gmail_Madras_High_Court_Confirms_Legitimacy_of_Auroville’s_Working.pdf

Page 2 of 3

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 [...]

[...]

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

------------------------------------------------------------

To manage your group membership, click on - My Groups -

to subscribe or unsubscribe from lists - MassBulletin list