Updated: Aug 23, 2022
A lot has happened over the past two months, and I simply don't have time to write about everything in detail unfortunately.
The major issue at this moment is the judgement that was given on August 12 for three of the filed Writ Petitions. WPs are a sort of court case with specific rules, and they require fast processing.
The cases were of course filed by the Aurovillagers against the Auroville Foundation – which is always a complete idiocy as the Aurovillagers claim to be Aurovilians, and as such are part of the Auroville Foundation they are suing.
Two of their requests have been honoured, and just as with the NGT case, they are interpreting this as having been completely vindicated in every single detail of their completely false narrative.
When the verdict was given in their NGT case, they deliriously celebrated their completely insane interpretation of the judgement as a total acknowledgement of their lordship over Auroville.
Now that the reality of the verdict – which was obviously not at all the full endorsement of their insanity that they proclaimed it was – is finally getting its material and indisputable meaning smashed in their faces, they call it a farce.
The exact same thing is happening with the “victory” they got on August 12. The judgement is not at all the black-and-white full-on endorsement of their colonial possession of Auroville they everywhere proclaim it to be, but on the contrary is a quite sobering Pyrrhic victory.
With these three WPs, they have requested to annul two Office Orders and one letter from the Governing Board.
The first request was about the Office Order that replaced Fabienne Maréchal as an executive of Outreach Media. The request is denied, and the Office Order stands.
The second requests was about the Office Order that appointed a number of people as members of the ATDC. The request is granted, and the Office Order is annulled, but it is completely irrelevant for the present reality, as it was an Office Order from last year that was already annulled by the Foundation itself, when they issued a new Office Order in June, appointing a totally new team of ATDC members.
The third request was about the letter of the Governing Board informing all residents that the Register of Residents (which defines who all are member of the Residents' Assembly) is completely outdated since the last update was from 17 years ago. The letter therefore invalidated all Residents' Assembly Decisions until the RoR is updated.
The request is granted, and the letter's content stands annulled, but in a quite remarkable ruling the judgement imposes almost the exact same rule as the letter contained: there cannot be any policy decisions taken until the RoR is updated.
In spite of all this, the Aurovillagers are – as always, as they literally have nothing better to do – spending all their time, energy and money on pumping out the most insane lies about this judgement, and constantly misrepresent its content, going so far as to claim that it magically has annulled all of the Foundation's Office Orders AND Standing Orders since the beginning of time.
The best antidote to falsehood is the truth, and it's up to everyone to read the judgement for themselves.
Of course, not everyone is able to read and understand the full text of the judgement, and therefore I have made a synopsis, so people can assess all the insanity flying around for themselves.
The judgement contains 71 points, which contain a lot more than just the rulings. The absence of categories or headings and titles makes it hard for many to understand what all of these points are dealing with. In this judgement, there is an introduction (points 1-4), there is an overview of the Aurovillagers' claims (points 5-22), there is an overview of what the Foundation has explained (points 23-26), there are opinions of the court (points 27-35), there is an overview of the court's understanding of the Auroville Foundation structure (points 36-52), and there are decisions (points 53-71), with a specific directive (point 69).
The gist of the matter is as follows:
A. The judgement does NOT deal with, discuss or question the legality of the following points:
The Residents' Assembly (RA) is the collective of everyone who is on the Register of Residents (RoR), maintained by the Secretary of the Foundation Office (FO).
The Working Committee (WC) is the representative of the RA and appointed by the RA, by unspecified means: somehow the whole RA (ALL persons in the RoR) have to find a way to decide together who will represent them.
The Funds and Assets Management Committee (FAMC) is a body created by the Governing Board (GB) to help it with managing the assets of the Auroville Foundation. The GB is the only authority who decides what the FAMC is or does, and who is part of it.
The Auroville Town Development Council (ATDC) is a body created by the GB to help it with realising the Master Plan and building Mother's City.
Standing Order 01-2022 overrules the former Standing Orders dealing with the ATDC which gave the WC the right to nominate members to the ATDC; the power to appoint members now is back with the GB, who has this right by default.
Office Order AF/M/63 of 01.06.2022 appoints the members of the ATDC, it is valid until an overruling Office Order is issued.
B. The judgement deals with the following requests:
Anita Gaur asking to annul Office Order AF/Misc./31 of 09.02.2022, which replaces Fabienne Maréchal as executive of Outreach Media
Krishna Devanandan asking to annul Office Order 491 AF/M/63 of 15/07/2021, which reconfirms the WC recommended members of the ATDC Anbu, Toby, Saravanan, Sreevatsa, and Lakshay, and adds the WC recommended member Elaine, and adds the FO recommended member Debo, and adds the FO recommended apprentice Vidya.
Hemant Lamba asking to annul the letter sent by the GB through Dr. G. Seetharaman on 06.05.2022, voiding all RADs until the update of the RoR is done.
C. The judgement takes the following decisions:
Anita has nothing and never had anything to do with Outreach Media, and therefore cannot claim to be a victim of Office Order AF/Misc./31; the Office Order is valid.
Office Order AF/M/63 of 15.07.2021 is quashed, meaning it is no longer valid.
Letter of GB of 06.05.2022 is quashed, meaning it is no longer valid.
D. The judgement gives the following directions:
The Secretary has to give wide publicity to the updating of the RoR.
The four statutory bodies, namely GB/RA/WC/IAC (International Advisory Council) shall not take any policy decisions which alters the existing structure and working of the Auroville Foundation.
Once the RoR is updated by the Secretary of the Auroville Foundation, all the four statutory authorities have to act in accordance with the Auroville Foundation Act and its Rules.
E. The judgement does NOT deal with, discuss, question, confirm or give any opinion or decision on the following points:
That Office Order AF/M/63 of 15.07.2021 was already annulled by a new Standing Order and Office Order and that the ATDC team in the annulled Office Order is no longer in office.
Who the legal members of the WC are.
That Anu, Arun, Partha and Srimoyi are appointed by the RA as members of the WC.
That these 4 members have removed Chali, Hemant and Sauro as members of the WC according to the RA rules that were created before December 2021.
That these 3 members have been replaced by interim members according to the RA rules that were created before December 2021.
Anything related to the FAMC.
That Auroville was never meant to be a “democracy”, and that even according to any democratic election standard, 10% participation of the population is ridiculous.
The validity or legality of any RA process or document.
The validity or legality of any RAD, let alone since December 2021.
The validity or invalidity of any Office Order other than the two mentioned in part C.
The validity or invalidity of any Standing Order, which are anyway notified in the Gazette of India and as such entered into Indian law, therefore requiring special procedures to be revoked.
F. The judgement expresses i.a. the following opinions:
The GB cannot interfere in the decisions of the RA regarding the WC.
Absent an updated RoR, there is no clarity on who is a member of the RA and what is the validity of the RADs.
The GB should consult the RA in its decisions.
To be eligible to be listed in the RoR one needs to live according to the Charter of Auroville.
G. The judgement is confusing on several issues, i.a. the following points:
It voids the letter of the GB of 06.05.2022 on the basis that the GB should not interfere with RA matters, but it fully agrees with the content of the letter that the present state of the RoR is not acceptable and that therefore there is no clarity on how the RA can function correctly, and whether decisions are valid.
It confuses the different bodies of the Auroville Foundation Act, their powers (the RA is not given ANY “power” by the Act), and their hierarchy.
It orders the WC and IAC not to take any policy decisions, but these bodies have no legal power to take decisions anyway: the IAC is only an advisory body, and the WC is a representative body.
It argues that the ATDC can not itself appoint its members, but this is not what Krishna is complaining about and not the case in the Office Order of 15.07.2021.
It seems to interpret the “consulting” role of the RA as a deciding role or at least an approving role, which is not at all suggested in the Act.
It ignores that the Act clearly mentions that the RA has the function to add or remove members to or from the RoR according to the rules set by the GB, making the GB the body that decides on the criteria for admission, and the RA the administrator who applies the given criteria.
It does not give any clarity on which RADs it considers valid and which invalid.
It says that the Mother created the Auroville Foundation Act, and for the benefit of the Aurovilians, while it is clear from Her writings that She created Auroville for totally spiritual reasons, and it is also clear that the Auroville Foundation Act was created by the Government of India 13 years after She had left Her body.
Obviously, there can be a lot more said and explained about it, but hopefully this is a good starting point for people who are not willing or able to read the full text.
It's sad to have to repeat this all the time, but the Aurovillagers are endlessly spreading lies, falsehoods full of omissions, misinterpretations and misrepresentations in order to brainwash everybody into thinking that their claims have any root in reality.
The truth is very simple: if there was any validity in their claim that they want to create Mother's Dream, a city of tens of thousands of people living in harmony, it would not need a whole organisation with dozens of people working around the clock to make people believe that they do.
The city and the happy people would be here as proof.
Instead of a furious, small tribe of immature colonials claiming to be an ecovillage.