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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.)
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The impugned regulations in this case are those approved by the Governing Board and
published in the Gazette of the Indian Government on 19th December 2023. The order quoted
above means that admission and termination cannot be made following the new process
outlined in the 2023 Regulations. The Order does not mention the 2020 Regulations
(approved by the RA and the Governing Board at that time).
So under no legal fantasy can it be stated that the 2023 Regulations are valid. If admission and
termination of residents is not allowed under them then there is no other relevant provision left
and they are void and meaningless.
Regarding the status of the Working Committee of the Residents' Assembly, we have stated on
many occasions that the Madras High Court has quashed, with its order of 12th August 2022,
the letter of the Officer on Special Duty preventing any Residents’ Assembly Decisions. The
Secretary of the Auroville Foundation got an interim stay on 26th August 2022, but the same
stay was modified with an order of 4th September 2023 declaring that the RA, as a statutory
body, may not be restrained from carrying out its functions according to Sections 18, 19 and
20 of the Auroville Foundation Act.
The Madras High Court has further commented in its judgment of 23rd February 2024,
concerning regulations for the selection of the Working Committee published by the Secretary
in the Gazette of India on 4th January 2024, that "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 appoint members of its own choosing to the Working
Committee. In light of that, we pass the following order:
“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.” > Aurore: On
the basis of this order, the only selections of the Working Committee recognized as valid are
those made by the RA, most recently in June 2022 and April 2024. Also, irrespective of any legal
interpretation, Anu, Arun, Partha (and Srimoyi) were dismissed by the RA in May 2022 while
Joseba, Selvaraj and Tine were appointed by those dismissed as ‘interim’ members. Therefore
any insistence to claim to be a Working Committee member by people who have been
dismissed and then not attended any of these selections is not legally or ethically supportable.