IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.Nos. 5077, 5080 & 8520 of 2026 Swarna Lata ..Petitioner(s)

Vs

1. Auroville Foundation Rep. by the Secretary to the Governing Board, Auroville Foundation, Auroville, Tamil Nadu-605 101.

2. Dr. G. Seetharaman, Officer on Special Duty Auroville Foundation, Auroville Foundation Bhavan, Auroville, Tamil Nadu-605 101.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of certiorarified mandamus, calling for the records of the impugned Auroville Foundation (Residence Criteria) Standing Order, 2024 dated 25.11.2024 issued by the Respondents and Quash the same.

For Petitioner(s): Mr.P.V.Balasubramanian Senior Counsel for M/s.Suchindran B.N R. Palaniandavan, Shanthini S.

For Respondent(s): Mr.A.R.L.Sundaresan Additional Solicitor General assisted by Mr.Vaibhav R.Venkatesh for R1 & R2

ORDER

This Writ Petition has been filed challenging the impugned Auroville Foundation (Residence Criteria) Standing Order, 2024 dated 25.11.2024 issued by the Respondents.

2. The learned Senior Counsel appearing for the petitioner would submit that the Auroville Foundation was founded by the “Mother” as an experimental township in Villupuram District, Tamil Nadu, dedicated to human unity. Subsequent to the emergency take over by the Government through the Auroville (Emergency Provisions) Ordinance and Act, 1980, Parliament enacted the Auroville Foundation Act, 1988 to provide for acquisition and transfer of the undertakings of Auroville and to vest such undertakings “in a foundation established for the purpose with a view to make long term arrangements for the better management and further development of Auroville in accordance with its original charter and for matters connected therewith or incidental thereto”. The primary objective of Auroville Foundation is realizing as Auroville a universal Township dedicated to human unity and unending education. The foundation is composed of three statutory bodies namely, the Governing Board, the Resident’s Assembly and the International Advisory Council. The legislative intention behind the creation of these three bodies unlike other takeover statutes was to vest the power of decision making in Residents’ Assembly. This is reflected in the Parliamentary Debates during the introduction of Auroville Foundation Bill, 1988.

3. The learned counsel for the petitioner would further submit that the impugned standing order was issued by the Governing Board in the purported exercise of its powers under the Auroville Foundation Standing Orders Regulations of 2011 published in the Gazette of India on 05.03.2011. However, the Governing Board has no authority under the Auroville Foundation Act, 1988 Act, to make such a detailed order that governs criteria to be followed by the members of the Residents’ Assembly. The Residents’ Assembly is a statutory body with a defined role under Section 19 of the Auroville Foudnation Act.

4. It is the submission of the learned counsel for the petitioner that the impugned standing order unlawfully infringed the freedom of members of Resident Assembly to act, express their views and organize and manage the community affairs. The impugned standing order has been created and passed without any consultation or approval by the Residents’ assembly- a constituent authority of the Auroville Foundation created and vested by the statute itself and the present standing order in the form of regulation can be created by the Governing Board however, it has to be placed only before the Parliament and only after parliamentary approval, they can enforce. However, the present standing order issued without source of power of the Governing Board which is not sustainable one and guidelines for residents in the form of standing order cannot be imposed without parliamentary approval which is non-est in law.

Hence, the present writ petition is filed.

5. The learned