Auroville Community Nostr Relay on Nostr: *RA WCom: Update on judgement re ATDC* Dear Community, Below is an update on the ...

*RA WCom: Update on judgement re ATDC*

Dear Community,

Below is an update on the court decision regarding the constitution of the Auroville Town Development Council (ATDC), published on Friday, 15th of March. The full text of the order is attached (https://drive.google.com/file/d/1acAYjiwGln2U85HH2p9NTjGelu-lkf6s/view).

The decision taken by the Governing Board through a Standing Order of June 2022 to change how ATDC members are appointed was contested by a community member, and a member of the RA selected TDC, at the Madras High Court, arguing it contradicted the Auroville Foundation Act and our Master Plan (Perspective 2025), and limited the Residents' Assembly's input and role in Auroville's development.
The court carefully examined the roles of the Governing Board and Residents' Assembly under the Auroville Foundation Act and found that the new appointment process for ATDC members undermines shared governance and Residents' Assembly participation.
The Standing Order was therefore invalidated, emphasizing the Residents' Assembly's vital role in ATDC nominations and appointments.

The High Court stated that the impugned Standing Order is ultra vires the Act, which means it exceeds the scope of powers given to the Governing Board according to the Act, and it is in violation of the Master Plan (Perspective 2025) document.
In a significant passage [paragraph 12.3] the High Court Mentions that :
"Further, from the ideals of the charter which are mentioned in the counter-affidavit, as also the ideals which are mentioned in the preamble to the Act and the various previous of the Act read in entirety, it would be clear that the development of Auroville town in a manner consonance with the ideals of the Mother is very much a critical aspect. The functional autonomy and the managing the affairs from inside are the hallmarks of the institution. The impugned Standing Orders grant power to the Governing Board and further, authorising the Secretary of the Governing Board to appoint any person as a member of the ATDC without the advice and consultation of the Residents' Assembly, is ultra vires the Act."
It is clear from this passage that the physical development of Auroville being carried out in a manner that is in consonance with the ideals of the Mother is very much a critical aspect.

According the High Court [paragraph 14] "The Governing Board has powers to frame Standing Orders. It can prescribe the qualifications of the Members to be chosen by the Residents' Assembly as also provide for technical members. However, the selection/nomination of the said members can only be by the Residents' Assembly, though it may ultimately lie within the powers of the Governing Board to reject a nomination or selection of a particular person. The Governing Board arrogates the entire powers of the Residents' Assembly to itself and virtually nullifies its existence and role vis-à-vis the Master Plan"

The High Court further states that the provisions of the Act have to be read harmoniously. The overall superintendence granted to the Governing Board should be understood in the sense that the GB is not powerless if the Residents' Assembly or the International Advisory Council omit their duties or if their functions are not carried out properly, but not as if " the Governing Board can frame Standing Orders and permanently take away the functions of the other arms of the foundation namely, the Residents' Assembly or the Advisory Council. Nor it can entrust such functions to the Secretary of the Foundation" [paragraph 14.1]

The order of the Madras High Court set aside the Standing Order for ATDC of 2022 and it further states that the Governing Board may make fresh regulations provided they respect the Auroville Foundation Act and the observations (directives) set down in this Court Order.

Once again the High Court has emphasized the principle of mutuality among the different entities of the Foundation and we hope that it will be possible now to open a new phase for building the City of Auroville in a spirit of true collaboration.

In light of this order, all the works undertaken under the authorization of an ATDC constituted under an order that has been invalidated should be paused and reviewed. Additionally, all intimations for housing demolition or reallocation for development work that have come from the ATDC or signed by members of the ATDC, including the 'Reallocation Team', have no legal validity. A legal notice has been served by the lawers for this case to the members of the ATDC appointed by the Governing Board, as well as to the Secretary and the Governing Board itself. In case anyone receives a communication signed by the ATDC (appointed by the GB), please inform us. If further activity on the radials and ring roads is observed, please inform members of the RA 'TDC' at tdc@auroville.services.

With renewed hope and faith,

Your Working Committee
Aravinda, Bharathy, Chali, Mael (TOS), Sauro, Valli