IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 653 OF 2Q2fi Between: Golla Urukundu, S/o. G. Narasanna, Aged about 57 years, VOA, H.No. 4/99, Siraladoddi Village, Yemmiganur Mandal, Kurnool District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Amaravathi. 2. The Chief Executive Officer, The Society for Elimination of Rural Poverty (SERP) Department of Rural Development, Govt, of A.P., 2nd Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada. 3. The Project Director, DRDA, Kurnool Dsitrict. 4. The Area Co-ordinator, SERP, Yemmiganur, Kurnool District. 5. The Assistant Project Manager, SERP, Yemmignur Mandal District. 6. The Cluster/Community Co-ordinator, SERP, Yemmiganur Kurnool District. 7. Veulugu Jyothi Grama Ikya Sangam, Rep. by its President, Siraladoddi Village, Yemmiganur Mandal, Kurnool District. Kurnool Mandal ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying in the affidavit filed therewith, the High that in the circumstances stated Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents authorities No. 4 to 6 in not allowing the petitioner to work as Village Organisation Assistant in 7th respondent Group without issuing any notice or order, as illegal, arbitrary, unjust, and violative of Art. 14, 16 and 21 of the Constitution of India and consequently DIRECT the respondent authorities not to interfere with the petitioner's discharge of duties as VOA in 7th respondent group. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents authorities to allow the petitioner to discharge his duties in 7th respondent Self Help Group as Village Organisation Assistant, pending disposal of above Writ Petition. Counsel for the Petitioner: SRI BUTTA VIJAYA BHASKER Counsel for the Respondent Nos. 1 to 3: GP FOR SERVICES IV Counsel for the Respondent Nos. 4 to 6: SRI HARI BABU Counsel for the Respondent No.7: — The Court made the following: ORDER APHC010011472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 653/2025 Between: 1.GOLLA URUKUNDU,, S/0. G. NARASANNA AGED ABOUT 57 YEARS, VOA, H.NO. 4/99, SIRALADODDI VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI. 2.THE CHIEF EXECUTIVE OFFICER, THE SOCEITY FOR ELIMINATIN OF RURAL POVERTY (SERP) DEVELOPMENT, GOVT, OF A.P. ADMINISTRATIVE BLOCK, VIJAYAWADA. DEPARTMENT OF RURAL 2ND FLOOR, NTR PANDIT NEHRU BUS STATION, 3.THE PROJECT DIRECTOR, DRDA, KURNOOL DSITRICT. 4.THE AREA COORDINATOR, SERP, YEMMIGANUR, KURNOOL DISTRICT. 5.THE ASSISTANT PROJECT MANAGER, SERP, YEMMIGNUR MANDAL, KURNOOL DISTRICT. 6.THE CLUSTER/COMMUNITY COORDINATOR. SERP, YEMMIGANUR MANDAL, KURNOOL DISTRICT. / 7.VEULUGU JYOTHI GRAMA IKYA SANGAM, REP. BY ITS 2 PRESIDENT, SIRALADODDI VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a writ, order or direction more particularly the nature of WRIT OF MANDAMUS, declaring the action of the respondents authorities in not allowing the petitioner to work as Village Organisation Assistant in 7th respondent Group without issuing any notice or order, as illegal, arbitrary, unjust, and violative of Art. 14, 16 and 21 of the Constitution of India and consequently DIRECT the respondent authorities not to interfere with the petitioner's discharge of duties as VOA in 7th respondent group lA NO: 1 OF 2025 one in Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the respondents authorities to allow the petitioner to discharge his duties in 7th respondent Self Help Group as Village Organisation Assistant, pending disposal of above Writ Petition Counsel for the Petitioner: 1. BUTTA VIJAVA BHASKER Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: ::ORDER:: Heard Sri Butta Vijaya Bhasker, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services for the respondents 1 to 3 and Sri P.Hari Babu, learned Standing for the respondents 4 to 6. 2. Learned counsel for the petitioner would submit that the petitioner elected as VOA of 7'^ respondent Society, The Velugu Jyothi Grama Ikya Sangam, Represented by its President, Siraladoddi Village, Yemmiganur was 3 % Mandal, Kurnool District in February, 2003 and his services as VOA has been renewed by virtue of resolution dated 11.01.2023 (Ex.P3). Respondent Nos. 4 to 6, without assigning any reasons, is not allowing the petitioner to discharge her duties. Learned standing counsel, on oral instructions, would submit that the respondents 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. 3. 4. 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. 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 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 5. \ \ 4 Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by Principal Secretary, SERP. 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 VGA 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. 6. 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). 7. The circular further prescribes that the staff members of the Village Organization should not indulge in the decision-making process and that the appointments, SangamitraA/OA/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. 8. removal, duties and responsibilities of 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 9. / 5 N % 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. 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. 10. Since the 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, is passing the following order. 11. 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 at the admission stage, with the consent of the learned counsel on either side, directing the respondents 4 to 6 not to interfere with the petitioner’s discharging duties as VGA of respondent Society The Velugu Jyothi Grama Ikya Sangam, Represented by its President, Siraladoddi Village, Yemmiganur Mandal, Kurnool District. However, this order will not preclude the respondent authorities from acting as per the Rules. No order as to costs. 12. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SEC T® OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Amaravathi, State of Andhra Pradesh. 2. The Chief Executive Officer, The Soceity for Eliminatin of Rural Poverty (SERP) Department of Rural Development, Govt, of A.P., 2nd Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada. % 3. The Project Director, DRDA, Kurnool Dsitrict. 4. The Area Co-ordinator, SERF, Yemmiganur, Kurnool District. 5. The Assistant Project Manager, SERF, Yemmignur Mandal, Kurnool District. 6. The Cluster/Community Co-ordinator, SERF, Yemmiganur Mandal Kurnool District. 7. The President, Velugu Jyothi Grama Ikya Sangam, Siraladoddi Village Yemmiganur Mandal, Kurnool District. 8. One CC to Sri Butta Vijaya Bhasker, Advocate [OPUC] 9. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] One CC to Sri Hah Babu, SC for SERF. [OPUC] 11. Three CD Copies. 10. TF /I HIGH COURT DATED:09/01/2025 ORDER WP.No.653 of 2025 ^ I ^ FEB 2025 . Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS