VidhiSangh

Supreme Court of India · 16/03/2025

THE AUROVILLE FOUNDATION versus NATASHA STOREY

[2025] 3 S.C.R. 469 · 2025 INSC 348

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Summary

The Madras High Court had set aside Standing Order No. 1/2022 by which the Governing Board of the Auroville Foundation reconstituted the Auroville Town Development Council with its own nominees in place of nominees of the Residents' Assembly. The Supreme Court allowed the Foundation's appeal, holding that the writ petitioner had suppressed the dismissal of her earlier petition seeking the same relief, and that under Sections 11(3), 16 and 17(e) of the Auroville Foundation Act, 1988 read with Rule 5 of the 1997 Rules the Governing Board alone constitutes committees and determines their composition, the Residents' Assembly having no right to be represented on them; the petition was an abuse of process and costs of Rs.50,000 were imposed.

Issues

  1. Whether a writ petition seeking substantially the same relief as an earlier petition that was dismissed, without disclosing that dismissal, should have been entertained by the High Court.
  2. Whether the Governing Board of the Auroville Foundation has power under the Auroville Foundation Act, 1988 and the Auroville Foundation Rules, 1997 to constitute and reconstitute the Auroville Town Development Council by Standing Order with members of its own choice.
  3. Whether the Residents' Assembly, or an individual resident of Auroville, has any statutory right to be part of a committee or council constituted by the Governing Board for implementing the approved Master Plan.

Provisions considered

Held

Result

Appeal allowed; High Court judgment setting aside the Notification dated 01.06.2022 containing Standing Order No. 01/2022 set aside; respondent to deposit costs of Rs.50,000 with the Supreme Court Legal Services Committee within two weeks.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 469.