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Update & Report

August & September 2024

Dear residents,

We are happy to share with you an update on topics which we dealt with in August and

September 2024. We hope you will take the time to read.

Please feel free to visit or email us if you have any questions. Our Open House hours are

from 10 to 12 on Tuesdays, in the former Koodam Office (parking and entrance opposite the

Auroville Library) and our email address is workingcom@auroville.services.

Earlier reports

➔ January & February 2024: click here

➔ March & April 2024: click here

➔ May, June & July 2024: click here

For older reports, please contact our office by email at workingcom@auroville.services

Auroville Foundation internal functioning

Residents’ Assembly (RA)

We remain committed to upholding the voice of the Residents’ Assembly as a statutory

body of the Auroville Foundation, in accordance with our mandate. This includes doing all

we can to ensure that decisions of the Residents’ Assembly are respected and taken into

account.

Legal Opinions obtained

1. On 20/09 we shared in a massbulletin a legal opinion sent by one of our

representing lawyers, pertaining to our status in office as the Working Committee of

the Residents’ Assembly, in light of the Auroville Foundation Act and the Orders of

the Madras High Court. Our lawyer states that in his opinion there can only be one

Working Committee of the Resident Assembly, and no other body of persons can

claim to be this group. He explains that the fact that the AVFO Secretary, with the

approval of the GB, published regulations in the Gazette of India pertaining to the

functioning of the Working Committee of the RA, is an attempt to change the

Auroville Foundation Act, which no body of the Auroville Foundation, be it the

Residents’ Assembly, the Governing Board or the International Advisory Council, is

permitted to do. This was especially highlighted by the MHC’s interim order

modification on 04/09/2023, that stated that the Residents’ Assembly may function

as per Sections 18, 19 and 20 of the AVF Act as long as no policy changes that

change the structure of the Auroville Foundation, are made.

Report - August & September 2024

Working Committee of the Residents’ Assembly

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2. Another legal opinion was requested by us for the Entry Board (aka Admission

Committee), which was shared in a massbulletin issued to the community on 20/09.

The full opinion received from our lawyer can be found here. He explains that the

2020 regulations were passed by the GB after RA endorsement, a step that was

omitted in passing the 2023 regulations.

He further states that on 23/02/2024 the MHC placed a stay order on adding or

removing anyone from the Register of Residents. As the Court has given a “Prima

Facie Finding” (accepted as correct until proved otherwise) on the 2023 regulations

as being in conflict with the AVF Act, it is our lawyer’s opinion that the current Entry

Board (aka Admission Committee), selected by the RA, can continue functioning

under the 2020 regulations until further instructions are received by the MHC.

Legal notice given

In the massbulletin of 20/09 we also shared that a legal notice was served under our

instructions on 19/09 by our lawyer to the FAMC selected by the GB. As this is a long legal

notice, we have summarized its content below:

1. In accordance with Section 20 of the Auroville Foundation Act, our group is the only

legal Working Committee of the Residents’ Assembly.

2. The Madras High Court, in its order from September 4, 2024, stated that the

Residents' Assembly of Auroville can operate according to Sections 18 to 20 of the

Auroville Foundation Act. This includes the RA's authority to select its Working

Committee under Section 20 of the Act. He states that the RA has already selected

their committee and informed the Governing Board, the International Advisory

Council and the Auroville Foundation Office Secretary of this.

3. The attempt, by the GB through the AVF Secretary, to change the manner in which

the Working Committee is selected, by publishing regulations in the Gazette of

India, has been stayed by the Madras High Court in its entirety on 23/02/2024.

4. He informs the ‘GB FAMC’ that they are in ‘contempt of court’ by continuously

recognising a ‘Working Committee’ that has been legally barred by the MHC.

5. He informs them that any change of Trustees or Executives can only be done with

the express approval of the Working Committee of the Residents’ Assembly, as per

trust deeds and the Code of Conduct for trusts and units.

6. The document ‘FAMC - WCom Joint Resolution No. 922’, pertaining to the change of

1 executive of PourTous Purchase Service,’ in invalid as it is signed by a name

(Joseba) that is not part of the recognised Working Committee of the RA and

another one (Chandresh) that is not authorized to sign such documents under

Section 16, as he is not a GB member.

Report - August & September 2024

Working Committee of the Residents’ Assembly

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