APHC010012992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 880/2025 Between: 1. BOYA SEENAPPA, SON OF LINGAPPA, AGED ABOUT 44 YEARS, OCC. VOA, RESIDENT OF DOOR NO. 196, LINGADAHAL VILLAGE BOMMANAHAL MANDAL, ANANATHAPUR DISTRICT. 2. KAVALI RAJESWARI,, WIFE OF ANANTHA RAJU, AGED 28 YEARS, OCC. VOA, RESIDENT OF DOOR NO. 1-65, KOLAGANAHALLI VILLAGE, BOMMANAHAL MANDAL, ANANATHAPUR DISTRICT. 3. CHAPPIDI VENKATA LAKSHMI,, WIFE OF NAGABHUSHAN REEDY, AGED 40 YEARS, OCC. VOA, RESIDENT OF DOOR NO. 2-123, UDDEHAL VILLAGE, BOMMANAHAL MANDAL, ANANATHAPUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P. 2 2. THE CHIEF EXECUTIVE OF OFFICER, SOCIETY OF ELIMINATION OF RURAL POVERTY (SERP) VELUGU, GOVERNMENT OF ANDHRA PRADESH, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK, PNBS, VIJAYAWADA, KRISHNA DISTRICT. 3. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY, DRDA, VELUGU, ANANTHAPUR DISTRICT. 4. THE ASSISTANT PROJECT DIRECTOR, VELUGU - DRDA, MANDALA MAHILA SAMAIKYA, BOMMANAHAL MANDAL, ANANTHAPUR DISTRICT. 5. THE AREA COORDINATOR, DRDA VELUGU, KALYANDURG, BOMMANAHAL MANDAL, ANANTHAPUR DISTRICT. 6. THE CLUSTER COORDINATOR, DRDA VELUGU, UDDEHAL VILLAGE CLUSTER, O/O. ASSISTANT PROJECT MANAGER, MANDALA MAHILA SAMAIKYA, BOMMANAHAL MANDAL, ANANTHAPUR DISTRICT, ANDHRA PRADESH. 7. SRI GOWRI DEVI GRAMA IKYA SANGHAM LTD, LINGADEHAL VILLAGE, BOMMANAHAR MANDAL, ANANTHAPUR DISTRICT, REP. BY ITS PRESIDENT. (THE THEN COMMITTEE APPOINTED THE PETITIONER NO. 1 AS VGA) 8. SRI GAVI SIDDESWARA PARASPARA SAHAYAKA SAHAKARA PODUPU SANGHAM LTD, KOLAGANAHALLI VILLAGE, BOMMANAHAL MANDAL, ANANTHAPUR, REP. BY ITS PRESIDENT. (THE THEN COMMITTEE APPOINTED THE PETITIONER NO. 2 AS VGA) 9. DIVYA TEJA PARSPARA SAHAYAKA SAHAKARA PODUPU SANGHAM LTD, UDDEHAL VILLAGE, BOMMANAHAL MANDAL, ANANHAPUR DISTRICT, REP. BY ITS PRESENT, (THE THEN COMMITTEE APPOINTED THE PETITIONER NO. 3 AS VGA). ...RESPONDENT(S): 3 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 issue a writ, order or direction more particularly one in the nature of WRIT GF MANDAMUS declaring the action of the official respondents in interfering with duties of the petitioners as Village Organization Assistant (VGA) in their respective villages by representing their Grama Ikya Sanghams, further forcing them to submit the resignations is highly un warranted and unconstitutional and in violation to the circular issued by the 2ND respondent which is illegal, irregular, arbitrary, violative of principles of natural Justice, and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to continue the petitioners as Village Organization Assistant (VOA) in their respective Village Organizations in terms of Circular No.64-5/SERP/IB/2018, dt. 26.11.2018 issued by the 2ND respondent and pass IA NO: 1 OF 2025 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 not to interfere in discharging the duties of the petitioners who are Village Organization Assistants (VGA) in their respective Village Organizations pending disposal of writ petition and to pass Counsel for the Petitioner(S): 1. PATHI SIVA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. HARI BABU MAGULURI SC For SERP The Court made the following ORDER: Heard Sri P.Siva Prasad, 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 for the 2nd respondent. 4 2. Learned counsel for the petitioners would submit that the petitioners 1 to 3 were elected as VOAs of respondents 7 to 9 Societies respectively, Bommanahal Mandal, Ananthapur District by resolution dated 16.01.2023. All the petitioners have been discharging their duties as VOAs of their respective Societies without any remarks. Learned counsel asserted in the affidavit that the respondents 4 to 6 are not allowing the petitioners to discharge their duties as VOAs. 3. 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 petitioners as VOAs given the Circular No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. 4. The Societies where the petitioners have been discharging duties, as VOAs, 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. 5 5. 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 Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by Principal Secretary, SERP. 6. 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. 7. 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 6 Village Organization and shall not influence or interfere with the decisions of the society. (emphasis is mine) 8. 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 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. 9. 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. 10. 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. 11. Since an averment was made in the affidavit, that official respondents are interfering with the discharging duties, this Court, on instructions of the 7 learned Assistant Government Pleader for Services, is passing the following order. 12. 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 all the learned counsel, directing the respondents 4 to 6 not to interfere with the petitioners’ discharging duties as VOAs of their respective Societies of Bommanahal Mandal, Ananthapur 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: 24.01.2025 KA 8 166 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO.880/2025 Date: 24.01.2025 KA 9