Madras High Court has ordered an interim stay of the two regulations issued by the Governing Board of Auroville Foundation in January 2024:
1. Auroville Foundation (Admission and Termination of Person in the Register of Residents) Regulations, 2024
The court, after hearing arguments on the Writ Petitions filed by RA WCom and Rakhee Kane against the two regulations observed that prima facie, the regulations erode upon the powers of the Residents' Assembly "to appoint members of its own choosing to the Working Committee" and "allow admissions or cause the termination of persons in the register". That the regulations are inconsistent with the Auroville Foundation Act is highlighted by the following observation made in both the orders in the cases against the two regulations: "The subordinate legislation may supplement the statute; however, cannot supplant it".
The Chief Justice, making the order of the court dated 23rd February 2024 for the two-member Division Bench headed by him, passed the following interim orders (uploaded on the court website today):
“Until further orders, admission or termination of person in the register of residents of the Auroville Foundation shall not be finalised; nor a person shall be admitted or terminated from the register of residents resorting to the impugned regulation.”
“Until further orders, functioning of the Working Committee under Section 20 of the Act shall not be interfered with by the Committee constituted under the impugned Regulations and the Working Committee shall be one as constituted under Section 20(3) of the Act.”
Besides the Secretary to the Governing Board, the first respondent for the Writ Petition, Anuradha Legrand has impleaded as the second and Jose Eugebio Martinez as the third respondents.
The cases are listed for the next hearing on 25th March 2024.
Source: Website of Madras High Court
Update: The case is still pending with the first bench of the Madras High Court.