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Massbulletin 15.10.24

RA WCom: Rebuttal to “Important Notice: Correct Process for Newcomer Admission to Auroville

Dear Newcomers and Newcomers-to-be,

The massbulletin titled “Important Notice: Correct Process for Newcomer Admission to

Auroville”, sent out on 9th October by a group of residents who continue to illegally claim to be

the 'Working Committee of the Residents' Assembly' (namely Anu, Arun, Joseba, Partha,

Selvaraj, and Tine), contained confusing and misleading statements, which we try to clarify

here. (More details are given at the bottom of this letter.)

The Governing Board has tried to establish new ‘entry and exit’ (admission and termination)

processes which leaves them as the sole entity with any real say. ‘Admission and Termination’

has always been a responsibility held by the Residents’ Assembly and this is, in fact, stated in

the Auroville Foundation Act.

The Court Order of February 23rd, 2024 is clear, and it stays this new regulation because it:

“erodes upon the power of the Residents' Assembly to allow admissions or cause the

termination of persons in the register”.

Please note that the people who have sent this erroneous massbulletin are signing as the

Working Committee of the Residents’ Assembly, yet refuse to acknowledge this same

Residents’ Assembly’s Decision to remove them from their position in May 2022. How they

can continue to try to justify this in their own minds and to everybody else is beyond us.

In May 2022 a Foundation Officer issued an order trying to stop all Residents’ Assembly

Decisions, including the selection of its Working Committee of the Residents’ Assembly. There

issued a back and forth of legal decisions, but the Madras High Court commented in a

judgement:

“Until further orders, functioning of the Working Committee under Section 20 of the Act shall

not be interfered with by the Committee constituted under the impugned Regulations and the

Working Committee shall be one as constituted under Section 20(3) of the Act.”

We should all question these residents who are claiming to be selected by all of us while doing

all they can to erode the role of the RA and spreading falsehood and confusion.

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Please feel free to contact us with any questions you may have. You are welcome to write to us

at workingcom@auroville.services or visit us during our open hours every Tuesday from 10 to

12 in the old Koodam office (parking and entrance opposite the Auroville Library).

In Service,

The Working Committee of the Residents’ Assembly

Aravinda, Bharathy, Chali, Mael (on leave), Matthieu, Prashant, Valli

More legal details...

We invite you to take note of excerpts below from 3 separate court orders, with some

explanations. > Aurore: The Stay Order issued by the Madras High Court regarding the Auroville

Foundation (Admission and Termination of Persons in the Register of Residents) Regulations,

2023 (our emphasis in bold.):

"16. It would appear that the Residents' Assembly is totally ignored under the Regulations for

admission or termination of person in the register of residents.

17. The reliance placed on Regulation 32(2)(h) of the Act may not enure to the benefit of the

respondent. The power to frame regulation with regard to the admission or termination of

person in the register of residents would mean to include, laying down certain criteria for

admission or termination of persons; however, would not be interpreted to mean that the power

of the Residents' Assembly to admit or terminate person in the register of residents as enshrined

under Section 19 of the Act would be taken away. The said Regulation prima facie would be in

the teeth of Section 19 of the Act. The said Regulation prima facie would be in the teeth of

Section 19 of the Act.

18. The subordinate legislation may supplement the statute; however, cannot supplant it.

Prima facie, the impugned regulation erodes upon the power of the Residents' Assembly to

allow admissions or cause the termination of persons in the register.

19. In light of that, we pass the following order:

“Until further orders, admission or termination of a person in the register of residents of the

Auroville Foundation shall not be finalised; nor a person shall be admitted or terminated from

the register of residents resorting to the impugned regulation.” (Impugned = dispute the truth,

validity, or honesty of (a statement or motive); call into question. ‘Impugned’ here refers to the

regulations that are challenged in the writ petition.)