Madras High Court

The Working Committee constituted by the Residents’ Assembly informed the community that the case concerning the Admission and Termination Regulations (published by the Secretary in the Gazette of India in January 2024) was heard in the Madras High Court on 31 July, in front of a Divisional (Appeal) Bench.

On 29 April four cases concerning Auroville were listed in the Madras High Court before its summer closure during the month of May. The case filed by a concerned member of the Residents’ Assembly concerning the constitution of the Admission and Termination Scrutinising Committee (ATSC) was basically accepted for debate and the lawyers of the Foundation Office were directed to submit their arguments within six weeks.

On 18 April, the RA-WCom responded to the 11 April 2025 circular sent out by the Auroville Foundation Office. The RA-WCom noted that, once again, the Foundation Office and the groups and individuals who are recognised by them are attempting to erode the sense of community and spirit of unity by sowing confusion and fear.

On 11 April, the Admissions and Terminations Registry informed the community that it had received and verified 28 applications from people aspiring to join Auroville as Newcomers together with 10 children.

In a message to aspiring Newcomers, the Working Committee appointed by the Residents’ Assembly (RA-WCom) informed them that the entry process for Auroville is pending in the Madras High Court which has not yet given a final ruling.

On 17 March 2025, the Supreme Court of India delivered two judgements. One was on the appeal of the Auroville Foundation against the verdict of the National Green Tribunal passed in April 2022; the other on the appeal of the Auroville Foundation against the judgement of the Madras High Court of March 2024 regarding the Auroville Town Development Council.

In the previous issue of Auroville Today we published the major considerations and decisions of the Governing Board as reported in the minutes of its 67th Governing Board meeting held in Auroville on 31 May 2024.

In March 2024, an Aurovilian filed two writ petitions at the Madras High Court. The first petition prayed the court to restrain the Auroville Foundation from land exchanges without following the procedures laid down in the Auroville Foundation Rules 1997 and the General Financial Rules 2017.

The Admissions and Terminations Scrutinising Committee (ATSC) constituted by the Governing Board has called for people to maintain the Admissions and Terminations Registry (ATR).

By Office Order dt. 20 February 2025, Dr. G. Seetharaman, Officer on Special Duty, Auroville Foundation, appointed the five members of the Admissions & Terminations Scrutinising Committee (ATSC) and the three members of the Admissions & Terminations Registry, in accordance with the Auroville Foundation (Admission and Termination of Persons in the Register of Residents) Regulations, 2023, issued by the Governing Board and published in the Gazette of India on 4 January 2024.

The RA-WCom has shared with the community an update about recent activities and hearings in the Supreme Court in New Delhi and in the Madras High Court.

“In this as in all great human aspirations and endeavours, an a priori declaration of impossibility is a sign of ignorance and weakness. For by the doing the difficulty will be solved.”

On 25 November 2024, the AVFO Officer on Special Duty, Dr G. Seetharaman, issued a new Standing Order detailing residence criteria and a code of conduct for all Residents, Newcomers, volunteers and permanent guests in Auroville, which came into effect immediately.

In light of an interview published in Auroville Today’s October issue that presented a perspective on Auroville’s current governance situation, we feel it necessary to offer a different view that more accurately reflects the experiences and concerns of many in our community.

The RA Working Committee’s Quo Warranto petition against seven members functioning as the Working Committee of the Residents Assembly was dismissed by a judge at the Madras High Court, citing there is no clear framework for selection of the Working Committee.

The Admissions Committee (i.e. the Auroville Entry Board) reminded the community that there is currently a case pending in the Madras High Court about a document entitled ‘Auroville Foundation (Admission and Termination of Persons in the Register of Residents) Regulations, 2023’ published in The Gazette of India by the Secretary of the Auroville Foundation on behalf of the Governing Board.

The RA-WCom informed the community that the hearings in the Supreme Court of India on the verdict from the Madras High Court of 15th March 2024, which had invalidated the GB’s Auroville Town Development Council (ATDC) and had called for more collaboration between the GB and the Residents’ Assembly (RA), will probably take place in the second week of July.

There have been many requests for clarity on the background and status of the numerous court cases that are pending in various courts in India, including in the Supreme Court of India, regarding the present situation in Auroville.

Further to the High Court ordered interim stay on the AVFO’s Auroville Foundation (Admission and Termination of Persons in the Register of Residents) Regulations 2023, [see AVToday 415, March 2024], the Auroville Entry Board selected by the Residents’ Assembly informed the community that it will not process new applications, but will continue to take care of existing Newcomer processes.

On March 15, a bench of the Madras High Court consisting of its Hon’ble Chief Justice Mr. Sanjay V. Gangapurwala and the Hon'ble Mr. Justice D.

The cases challenging the Admission and Termination of Residents in the Register of Residents Regulations 2023 and the Selection of the Working Committee Regulations 2024 have been posted for another hearing on April 22nd.

On January 23rd, the Madras High Court ordered an interim stay of the two new regulations approved by the Governing Board and published by the Secretary, Auroville Foundation, in the Gazette of India, e.g. the Auroville Foundation (Admission and Termination of Persons in the Register of Residents) Regulations 2023, and the Auroville Foundation (Framework for Selection of Working Committee) Regulations 2024.

In response to the publication of the new Regulations, the RA-WCom initiated an Emergency Residents' Assembly Decision-making process. The residents were asked to pass a resolution that the new Regulations are an overreach by the GB and usurp the powers given to the Residents’ Assembly as per the Foundation Act, and that the Residents’ Assembly asserts its right to carry out its functions as detailed in the Auroville Foundation Act.

As the Framework for Selection of Working Committee Regulations appear to be in contravention of the Auroville Foundation Act which states in section 19.2 that “The manner of choosing the members of the Working Committee and their term of office shall be such as may be decided by the Residents Assembly”, concerned residents have collected signatures on a petition requesting the Residents’ Assembly Service (RAS) to open an Emergency Residents' Assembly Decision (E-RAD) “regarding the Governing Board’s questionable attempt to interfere with the selection process of WCom members.”

On September 4th, 2023, the appeal bench of the Madras High Court noted in an interim order that the Residents’ Assembly, as a statutory body, cannot be restricted from performing its duties as per the Auroville Foundation Act.

On 12th August last year, the case regarding the legitimacy of the Residents Assembly working groups was judged in favour of the RA. Soon after, on 26th August, the AVFO appealed the case, and obtained a temporary stay on the judgement, pending the outcome of the appeal.

On August 11, Justice N. Seshasayee of the Madras High Court pronounced judgment in a case started by an Aurovilian challenging the decision of the Officer on Special Duty of the Auroville Foundation to reconstitute as many as 14 Committees or Units of the Foundation by a unilateral Office-Order, dated 12.04.2023.

On 7th December, the FAMC case filed by Namrita Gautier came up in the Madras High Court. The court had a choice to admit the case or to dismiss it outright.

Under the Auroville Foundation Act, there are three statutory authorities who jointly administer and manage the Foundation and they are a) Governing Body, b) International Advisory Council and c) Residents Assembly and all the three are having well defined powers and one cannot override the power of the other. – Excerpt from the discussion section of the judgment