Working Committee of the Residents Assembly of Auroville Represented by its member Hemant Lamba filed a ‘Writ of Quo Warranto’ (meaning: by what authority) petition versus Anuradha Legrand and 7 others* including Secretary to the Governing Board at the Madras High Court on 19th April 2023. The petition prayed for ‘removing Respondent 1-7 from acting/holding out as members of the Working Committee of the Residents Assembly of Auroville under Section 20 of the Auroville Foundation Act, 1908” (sic, error, 1988).
Also filed by him were two writ miscellaneous petitions, the first of which prayed for an interim injunction restraining Respondents 1-7 from “functioning as the Working Committee of the Residents Assembly” and the second prayed for “Interim Injunction restraining the Respondents from removing and/or taking any steps to remove any name from the Register of residents Auroville (Admission and Termination of Persons in the Register of residents) Regulations, 2020”.
All three petitions were registered by the Madras High Court on 24th April 2023, (observed as the day of the Mother’s final arrival at Pondicherry). Hon’ble Mr Justice M. Dhandapani admitted the ‘Writ of Quo Warranto’ and the two related petitions the next day ordered the issue of notices to respondents and called for records within 8 weeks. Two adjournments under the same Hon'ble judge and two further adjournments under Hon’ble Mr Justice N. Sheshasayee and almost 7 months later, on 22nd November Hon’ble Dr Justice Anita Sumanth granted a final opportunity to Respondents 1 to 7 to file counter on or before 15th December 2023.
The Secretary filed a ‘Writ Miscellaneous Petition’ at the Madras High Court on 12th July 2023 praying “to direct the Registrar General of this Hon'ble court to initiate proceedings against the deponent of the Writ Petition filed by the 1st Respondent/ Petitioner namely Mr Hemant Lamba for prejury u/s 195** read with 340 Cr PC*** and pass.” (sic, error, perjury) The case was registered by the court on 1st December and it came up on 20th December to Dr. Justice Anita Sumanth who ordered filing of the counter (by Hemant Lamba) on or before 4th January 2024.
The petition filed by the Secretary was listed for hearing together with the ‘Writ of Quo Warranto’ and the related two cases by the Residents Assembly of Auroville from 5th January onwards.
On 22nd February the judge adjourned the cases to 11th March 2024 observing that, “this Court believes it appropriate to await a decision on the writ appeal [filed by Auroville Foundation on 22nd August 2022] prior to proceeding further in these matters”. The appeal referred to was against the Single Judge order of 12th August 2022 and that case is listed for the next hearing on 26th March 2022. Therefore, most likely, the 4 cases scheduled for hearing tomorrow will be adjourned to a date later than 26th March 2024.
*Respondents 1-7: Anuradha Legrand, Parthasarathy Krishnan, Arun Selvam, Srimoyi Rosegger, Ingeborg Christine Newman Zimm (Tine), Jose Eusebio Martinez Burdaspar (Joseba) and Selvaraj Damodaran.
Source: Website of Madras High Court
**Description of Section 195: Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. (Source: Devgan.in)
***Objective of section 340 CrPC: The object of Section 340 CrPC is to ascertain whether any offence affecting the administration of justice has been committed in relation to any proceedings before or any document produced/ given in evidence in Court and whether it is also expedient in the interest of justice to take such action. (legalservicelndia.com)
JC, 10th March, 2024
Postscript: As expected, on 11th March the cases were adjourned to 27th March 2024.
Judgment pronounced on 1st August 2024:
The Writ Petition of RA WCom dt. 24.4.2023 praying for the removal of respondents 1-7 (Anuradha Legrand and 6 others) "from acting/holding out as members of the Working Committee of the Residents Assembly of Auroville under Section 20 of the Auroville Foundation Act" for which judgment was reserved on 28th March 2024 was disposed (dismissed) by Dr. Justice Anita Sumanth today 1st August 2024.
Also disposed/closed by the judge were the following three petitions heard together with the above:
- Writ Miscellaneous Petition of RA WCom dt. 24.4.2023 praying "to grant an order of Interim injunction restraining the respondents 1-7 or any of their subordinates, agents, or any other person claiming under them from functioning as the Working Committee of the Residents Assembly pending the disposal of the Writ"
- Writ Miscellaneous Petition of RA WCom dt. 24.4.2023 praying "to grant an order of Interim Injunction restraining the Respondents from removing and/or taking any steps to remove any name from the Register of residents Auroville (Admission and Termination of Persons in the Register of residents) Regulations, 2020, pending disposal of the Writ Petition.
- Writ Miscellaneous Petition of the Secretary, Governing Board dt. 1.12.2023 praying "to direct the Registrar General of this Hon'ble court to initiate proceedings against the deponent of the Writ Petition filed by the 1st Respondent/ Petitioner namely Mr. Hemant for prejury u/s 195 read with 340 Cr PC and pass".
Details of the judgment will be known when it is published.
Source: Madras High Court