IMPORTANT POINT
The impugned Standing Order was found to be ultra vires the Auroville Foundation Act, as it violated the Act, the approved Master Plan, and exceeded the powers of the Governing Board.

JUDGMENT :

D. Bharatha Chakravarthy, J.

(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records and quashing the Notification No.AF/M/63/2022-23, dated 01.06.2022 containing Standing Order No.01/2022 issued by the respondent and published in Part III Section 4 of the Gazette of India: Extraordinary No.359, dated 15.07.2022.)

A. The Writ Petition :

This Writ Petition is filed challenging the notification, dated 01.06.2022 containing Standing Order No.01/2022 issued by the respondent. By the said Standing Order, directions were issued in the matter of the constitution of Auroville Town Development Council (hereinafter referred to as 'ATDC'). It replaces the existing Standing Orders in respect of the same.

B. The Case of the Petitioner :

2. The petitioner, Natasha Storey, is a resident of Auroville. It is pleaded that she has been a forester and steward of the evergreen forest in Auroville since the year 2002. She was earlier nominated to the ATDC by the Residents' Assembly. The Writ Petition is filed aggrieved by the above Standing Order as usurping the powers of the Residents' Assembly by the Governing Board. It is the case of the petitioner that formulation of the Master Plan and execution thereof are the primary functions of the Residents' Assembly. The deprivation of the power of the Resident’s Assembly is against the provisions of the Auroville Foundation Act, 1988 (hereinafter referred to as 'the Act').

2.1. The Master Plan has been duly approved by the Governing Board and thereafter by the Ministry of Human Resource Development, Government of India vide letter dated 12.04.2001 and the same is published in the Gazette. The Town Development Council is a creation of the said Master Plan. The entire development activities are to be executed by the said Council under the plan. The powers and functions of the ATDC are mentioned in the Master Plan. As per the Master Plan, the resident's participation forms the basis of the constitution of the ATDC. Now, the Standing Order runs counter to the Master Plan. It does violence to the very concept of Auroville, where the resident’s participation in the development and activities is paramount.

2.2. Even while introducing the Act, it was made clear that residents should have autonomy over the activities of Auroville. The ATDC is constituted only by the members mandatorily appointed on nomination by the Residents’ Assembly through the Working Committee from among the residents of Auroville. As per the Standing Order No.06/2011 dated 01.05.2011, the ATDC consisted of fifteen members, out of which, thirteen are nominated by the Residents’ Assembly with one member each from the Governing Board and Working Committee. In the earlier judgment inter-parties in W.P.No.11738 of 2022, a Single Bench of this Court had laid down the importance and primacy of the Residents’ Assembly and its participation in the manner of formulation and execution of the Master Plan. Despite having framed the Standing Order, the respondent withheld information about the same. Only during the previous litigation, it came to light and after that, the present writ petition was filed.

C. The Respondent’s Case :

3. A counter-affidavit was filed by the respondent. It is stated that the Charter of Auroville was laid out by the Divine Mother to envision her noble principles. The original plan known as Galaxy Plan was made under the guidance of Mother herself in the year 1968. After her death in the year 1973, the affairs of Auroville became worse. The Hon’ble Supreme Court of India in S.P.Mittal Vs. Union of India and Ors., had noted the alarming and deteriorating situation. Therefore, the Act was enacted by the Parliament. The Act vests the powers of management, control and authority to the Governing Board. The relevant provisions are Sections 6,7,11,16, 17 and 32 of the Act.

3.1. The Act also recognises yet another body called the Residents’ Assembly which is