i * I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) /> ' MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE c • rr-A 1 && PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI 2 WRIT PETITION NO: 875 OF 2025 Between: M. Vijaya Kumari, D/o V. Prabhudasu, Aged 45 years, R/o Harijanawada, Komallapudi Post, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector cum Executive Chairman, District Rural Development Agency, Krishna District at Machilipatnam. 3. The Chief Executive Officer, Society for Elimination of Rural Poverty (SERP) Department of Rural Development, NTR Administrative Block, PNBS Bus Stadion, Vijayawadaf. 4. The Project Director, District Rural Development Agency, Krishna District at Machilipatnam. 5. The Area Coordinator, DRDA, Kruttivennu Mandal, Krishna District. 6. The Assistant Project Manager, Kruttivennu Mandal, Krishna District. 7. The Community Coordinator, Kruttivennu Mandal, Krishna District. 8. Bharati Mandala Mahila Paraspara Sahaya Sahakara, Podupu Mariyu Parapathi Grama Sanghamula Samakhya Ltd. Rep. by its President, G. Arunakumari, Kruttivennu, Krishna District. 9. Indira Priyadarshani Mahila Paraspara Sahaya Sahakara Podupu Mariyu Parapathi Sangham, Komallapudi, Rep. by its President, G. Arunakumari, Kruttivennu, Krishna District. ...Respondents &"202i!! WpTj®87tof202r '^' Petition under Article 226 of the Constitution of India praying that in te circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, order may or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to discharge her duties Organization Association in the 8'" respondent Society is illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of being in violation of principles of natural justice and one as Village India apart from consequently direct the respondents to continue the petitioner as Village Organization Association in the 8th respondent Society forthwith. lA NO: 1 OF 2n?fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be the petitioner as Village Organization Association in the 8^^ respondent Society forthwith, pending disposal of the writ petition. pleased to direct the respondents to continue Counsel for the Petitioner: SRI GANDHAM RAGHAVENDRA PAVAN Counsel for the Respondents: GP FOR SERVICES - IV Counsel for the Respondents: SRI M. HARI BABU, SC for S.E.R.P. The Court made the following order: APHC010016222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 875/2025 Between: ^ M. Vijaya Kumari ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GANDHAM RAGHAVENDRA PAVAN Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.HARI BABU MAGULURI SC For SERP The Court made the following ORDER: This writ petition is filed to declare the action of respondents 5 and 7 not allowing the petitioner to discharge duties as VOA of respondent No.9- Indira Priyadarshini Mahila Paraspara Sahaya Sahakara Podupu Mariyu Parapathi Sangham, Komallapudi. ...RESPONDENT(S) in 2. Heard Sri Gandham Raghavendra Pavan, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Services-I for SRSJip W.P.No.875 of 2l'-o respondent No.1 and Sri M.Hari Babu, learned standing counsel for respondents 2 to 7. Learned counsel for the petitioner would submit that the petitioner was elected as VOA of respondent No.9 society by a resolution dated 12.07.2023 passed by the members of the said society and since then, the petitioner has been discharging duties. After the change of the Government, respondents 5 and 7 are not allowing the petitioner to discharge duties. 3. 4. Learned standing counsel for respondents 2 to 7, on instructions would submit that respondents 3 to 7 are not interfering with the petitioner’s discharging duties. He would submit that since the petitioner participated in the election campaign, the Election Commissioner is conducting an inquiry in that regard. He would reiterate that the official respondents are not interfering with the petitioner’s discharging duties as VOA of respondent No.9-Society, NO.64-7/SERP/IB/2019 dated 29.08.2019 issued by given the Circular Principal Secretary, SERP. 5. The Society 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 and without restrictions of any social, political, rational or religious voluntary discrimination to aii persons who can make use of its services and are wiiiing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy equal rights of voting and participation in decisions Societies. Section 4 of the Act speaks about the affecting their Cooperative of the society and Section 5 prescribes that the society is a body registration corporate. Page 3 of 6 SRS,J W.P.No.875 of 2025 6. 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 tin.e 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. 7. 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 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. are 8. 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) / J SRS,J« W.P.No.875 of 2Lti5 9. 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 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. 10. 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. 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. 12. 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. 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 learned 13. SRS,i W.P.No.875 of 2025 counsel on either side, directing respondents 5 and 7 not to interfere with the petitioner’ discharging duties as VOA of Indira Priyadarshini Mahila Paraspara Sahaya Sahakara Podupu Mariyu Parapathi Sangham, Komallapudi. 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. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector cum Executive Chairman, District Rural Development Agency, Krishna District at Machilipatnam. 3. Ihe Chief Executive Officer, Society for Elimination of Rural Poverty (SERP) Department of Rural Development, NTR Administrative Block, PNBS Bus Stadion, Vijayawadaf. 4. The Project Director, District Rural Development Agency, Krishna District at Machilipatnam. 5. The Area Coordinator, DRDA, Kruttivennu Mandal, Krishna District. 6. The Assistant Project Manager, Kruttivennu Mandal, Krishna District. 7. The Community Coordinator, Kruttivennu Mandal, Krishna District. 8. The President, Bharati Mandala Mahila Paraspara Sahaya Sahakara, Podupu Mariyu Parapathi Grama Sanghamula Samakhya Ltd., G. Arunakumari, Kruttivennu, Krishna District. 9. The President, Indira Priyadarshani Mahila Paraspara Sahaya Sahakara Podupu Mariyu Parapathi Sangham, Komallapudi, G. Arunakumari, Kruttivennu, Krishna District. One CC to Sri Gandham Raghavendra Pavan, Advocate [OPUC] One CC to Sri Hari Babu.M, SC for S.E.R.P. [OPUC] Two CCs to GP for Services - IV, High Court of Andhra Pradesh. 10. 11. 12. [OUT] 13. Two CD Copies RAM HIGH COURT DATED:10/02/2025 ORDER WP.No.875 of 2025 DISPOSING OF THE WP AT THE STAEGE OF ADMISSION, WITHOUT COSTS