APHC010008842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1094/2025 Between: Vallepu Sudhamani and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following ORDER: Heard Smt.B.Sreeteja, learned counsel for the petitioners, Sri S.Raju, learned Assistant Government Pleader for Services-I for the 1st respondent and Sri M.Hari Babu, learned standing counsel appeared on behalf of respondents 2 to 6. 2. Learned counsel for the petitioners seeks permission to withdraw the writ petition in respect of the petitioners 1 to 3. 3. Permission is accorded. 2 4. Accordingly, the Writ Petition against the petitioners 1 to 3 is dismissed as withdrawn. No costs. 5. Learned counsel for the petitioners would further submit that by resolution dated 06.08.2023 (Ex.P.11), the 4th petitioner was elected as VOA of 10th respondent Society, Kosanapalli Village, Veldurthy Mandal, Kurnool District and since then he has been discharging his duties as VOA without any remarks. Learned counsel asserted in the affidavit that the respondents 5 and 6 are not allowing the 4th petitioner to discharge his duties as VOA. 6. Learned Assistant Government Pleader for Services, on oral instructions would submit that the officials of respondent authorities are not interfering with the discharging duties of the petitioner as VOA given the Circular No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. 7. The Societies where the petitioner has been discharging duties, as VOA, is registered under Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995. Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act, shall frame bye-laws conforming to the principles of cooperation. The membership of the society shall be voluntary and without restrictions of any social, political, rational or religious discrimination to all persons who can make use of its services and are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy equal rights of voting and participation in decisions affecting their Cooperative Societies. Section 4 of the Act speaks about the registration of the society and Section 5 prescribes that the society is a body corporate. 8. The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary to the said individual. The Society for Elimination of Rural Poverty, Department of Rural 3 Development, State of Andhra Pradesh, represented by its CEO, is constituted by the State to implement the schemes for elimination of rural poverty as proposed by the Union of India as well as the Government of Andhra Pradesh, by issuing circulars from time to time, regarding appointment of Village Organization Assistants, qualifications, procedure for selection, termination, method of payment, duties and obligations. One of those circulars is circular No.64-/SERP/IB/2018 dated 26.11.2018. Thereafter, another Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by Principal Secretary, SERP. 9. A perusal of the 2019 circular would manifest that to alleviate poverty and for women empowerment, 27,841 societies were formed in terms of the provisions of A.P.Mutually Aided Co-operative Societies Act, 1995; that those societies are autonomous bodies; that selection, removal and duties of VOA etc., are within the purview of the members of the Society; that the duties and responsibilities of the Staff of the Village Organization are described in Section 25 of the Act; that the staff members of the Village Organization are answerable and accountable to the Village Organization and their appointment, removal and performance of duties, are as per the bye-laws, rules and regulations framed by the Executive Committee of the Village Organization. 10. The said circular further prescribes that the staff of the CBO/Project should work for development and to achieve financial stability of the Village Organization and they should cooperate and facilitate the development of the Village Organization and shall not influence or interfere with the decisions of the society. (emphasis is mine) 11. The circular further prescribes that the staff members of the Village Organization should not indulge in the decision-making process and that the appointments, removal, duties and responsibilities of 4 Sangamitra/VOA/Animator, are to be done by the Village Organization. As per the note in the circular, dated 29.08.2019, it was clarified that no other circulars be issued at the district level. Circular dated 29.08.2019, will be in force till another circular is issued. 12. Thus, as seen from the aforementioned circular, the appointment/selection of VOA and their discharge of duties, the official respondents are nothing to do with that procedure. The members of the Society got the right either to elect/appoint or removal of VOA. If any VOA is removed by a resolution of the Society, the remedy of that individual is in a different forum but not a writ petition. The aforementioned circular issued by the Principal Secretary commands no interference of the officials with the society's decision-making process except to facilitate. 13. The instructions of the learned Assistant Government pleader would manifest that the officials are not interfering. Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force to date. 14. Since an averment was made in the affidavit, that official respondents are interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader for Services, is passing the following order. 15. Given the facts and circumstances of the case coupled with the aforementioned circular issued by the Principal Secretary, SERP, and the oral instructions of the learned Assistant Government Pleader for Services, this Writ Petition is disposed of in respect of the 4th petitioner at the admission stage, with the consent of the learned counsel on either side, directing the respondents 5 and 6 not to interfere with the 4th petitioner’s discharging duties as VOA of 10th respondent Society, Kosanapalli Village, Veldurthy Mandal, 5 Kurnool District. However, this order will not preclude the respondent authorities from acting as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.02.2025 KA 6 118 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO.1094/2025 Date: 04.02.2025 KA