JUDGMENT

(Prayer in W.P. No.8675 of 2022: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records and quashing the impugned Office Order dated 09.02.2022, bearing No.AF/Misc/31, passed by the respondent.

Prayer in W.P. No.11738 of 2022: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records and quashing the impugned order No.491 also bearing No.AF/M/63/dated 15.07.2021 passed by the respondent.

Prayer in W.P. No.14707 of 2022: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records and to quash the communication dated 6.5.2022 issued by the 1st respondent and consequentially forbear respondents 1-5 from interfering with the working of the Residents- Assembly, and their lawfully constituted Working Committee under Section 20 of the Auroville Foundation Act, 1988.

Common Order:

The World knows “Auroville” is an haven of unity and peace. But however, of late, it is disheartening to know that the sweat, blood and tears of its founders namely “Sir Aurobindo” and “The Mother” are getting shattered due to the infighting between some of the groups in Auroville. The philosophy of an Aurovillian is based on “peace of humanity” and “unity in diversity”. During the Auroville inauguration by the Mother in the year 1968, youth from 124 different nations and 23 Indian states, deposited a handful of their native soil into the Urn, a marble clad structure in the form of a symbolic lotus bud, located in the centre of the Amphitheare. The Auroville charter was handwritten by the Mother in French and rests along with the soil, sealed in the Urn, as a powerful message and promise for the Aurovillian Society and the entire world at large.

2. These writ petitions arise out of a dispute between some of the residents of Auroville and the Governing Body, a statutory body under the Auroville Foundation Act, 1988.

3. The issues that arise for consideration in these writ petitions are as follows :- a) Whether the Governing Board of the Auroville Foundation can restrict the functioning of the Residents- Assembly on account of the alleged non updation of the Register of Residents and on account of the alleged ongoing activities of the Residents- Assembly, which according to the Governing Board as seen from the impugned communication dated 06.05.2022 has resulted in disfunctional state of affairs and has let to a complete policy paralysis. The subject matter of this issue is W.P. No.14707 of 2022.

b) Whether the impugned office order dated 09.02.2022 passed by the Governing Board of the Auroville Foundation appointing official spokespersons as Executives of “Auroville Outreach Media” with immediate effect replacing the current Executive Ms.Fabienne Marechal without the consent of the Residents- Assembly is valid. The subject matter of this issue is W.P. No.8675 of 2022.

c) Whether the impugned office order dated 15.07.2021 reconstituting the Auroville Town Development Council by inducting new Members by the Governing Board is an excess of the Governing Board-s jurisdiction under the A