Update from the Working Committee of the Residents’ Assembly regarding the court cases:
We would like to update the community about the legal cases that are involving the Working Committee.
A criminal case (FIR) with false allegations has been made by the Auroville Foundation Office against three Working Committee members (Chali, Hemant and Sauro) and three other Aurovilians (Renu, Suryan, Wazo).
This criminal case was publicly supported in the press (The Hindu 24th May) by the members of the Working Committee that were dismissed by the Residents’ Assembly.
We have approached the court to seek anticipatory bail in order to avoid arrest. Despite attempts by the Auroville Foundation to intervene and oppose anticipatory bail, the Madras High Court has granted it.
This criminal case was based on the allegation that the Working Committee members selected according to the latest RAD were not legitimate members and were preventing the other dismissed members from functioning. It was therefore important for us to establish through the Courts that the Residents Assembly is the legitimate body to decide on the memberships of its Working Committee, and consequently that we are the legitimate Working Committee members.
The writ petition was filed in the Madras High Court and was first listed on 13th June 2022. In that session the learned judge recorded the undertaking of the Counsel who gave notice for the Auroville Foundation that they will take no precipitate steps, and then posted the matter on 20th June 2022 with the intention of hearing the main writ petition itself. On the said day, Counsel for the Auroville Foundation sought time to file a counter and also to enable the Additional Solicitor General for India to appear before the Court on behalf of the Auroville Foundation Office. Until then, the interim order granted will continue to be in effect.
The intention of filing a writ petition is to address the core of the matter at present and requesting the honorable High Court of Madras
1) to recognize the due position and role of the Residents’ Assembly according to the Auroville Foundation Act and therefore the legitimacy of its duly selected Working Committee, and to not interfere in the work of the Residents’ Assembly and its emanating organs;
2) to invalidate the letter from the OSD regarding the RoR and interference on the decision making processes of the Residents’ Assembly.
For legal considerations, the case has been filed by Hemant Lamba as the petitioner, on behalf of the Working Committee, and each present member of the Working Committee gave its authorization to be legally represented by Hemant in this case.
The court case holds as Respondents the Auroville Foundation represented by its Secretary and Anu, Arun, Partha and Srimoyi; these individuals have been included in order to request a hold of the escalation of the present situation as they are claiming to be the legitimate Working Committee and on that basis are interfering in the work of the duly selected Working Committee and by doing so are impacting the functioning and harmony of the Residents’ Assembly. This court case is not personal to / or against anyone but it is a case that stands for clarity on the principles and processes on which the Residents’ Assembly and Auroville functions at present and it is an appeal to the court to issue certain instructions that are legally binding.
Events and harsh actions have forced us to take legal recourse to protect the Residents’ Assembly as no other option was left.
Your Working Committee
Chali, Elisa, Gilles G, Hemant L, Juergen A and Sauro
To know more about Auroville organisation:https://standforaurovilleunity.com/auroville-organisation/