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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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