CHENNAI: The Madras High Court on Friday temporarily restrained the Auroville Foundation’s authority from admitting new residents or terminating anyone from the international township until further orders.
The first bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy passed interim orders on the petitions filed by the working committee challenging the Auroville Foundation (Admission and Termination) Regulations 2023 and the constitution of the scrutinising committee for managing admissions and terminations of residents.
“Until further orders, the admission or termination of the persons in the register of residents of the Auroville Foundation shall not be finalised nor a person shall be admitted or terminated from the register resorting to the impugned regulations,” the bench said.
It further ordered, “The function of the working committee shall not be interfered with by the committee constituted under the impugned regulations.” The subordinate legislation may supplement the statute, but it cannot supplant it. Prima facie, the impugned regulations erode the powers of the residents’ assembly to allow admission or cause termination of the persons in the register of residents, the bench.
Senior counsel Arvind Datar, appearing for the petitioner, argued that the residents’ assembly is one of the authorities of the foundation, and one of its powers and functions is to allow admission or cause termination of persons in the register in accordance with the regulations made under section 32 of the Act.
He said the power and authority of the assembly to allow admission or cause termination is abridged under the new regulations and the scrutinising committee will deal with admissions and terminations while the secretary would finalise the admission process.
However, Additional Solicitor General AR L Sundaresan said the petition is not maintainable since the petitioner, claiming to be a representative of the working committee, is not even a member of the said committee.
Sundaresan said that section 11 of the Act empowers the governing board for general superintendence, direction and management of the affairs of the foundation.
The board may exercise all the powers to discharge the functions. Moreover, the board has unfettered powers to frame regulations, providing for the admission or termination of persons in the register of residents, he stated.