APHC010596002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 470/2025 Between: 1. SETTERI SUDHA, W/O. S. RAJESH, AGED ABOUT 38 YEARS, OCC. SANGAMITHRA, RESIDING AT D.NO.2-132, HARIJANAVADA, THUMBAKUPPAM VILLAGE, BANAGARUPALYAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ (RURAL DEVELOPMENT AGENCY) DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EXECUTIVE CHAIRMAN DRDA, CHITTOOR DISTRICT. 3. THE PROJECT DIRECTOR, DRDA, VELUGU,CHITTOOR DISTRICT. 4. THE ASSISTANT PROJECT MANAGER, VELUGU OFFICE, BANGARUPALEM MANDAL, CHITTOOR DISTRICT. 5. THE COMMUNITY COORDINATOR, VELUGU, BANGARUPALEM MANDAL, CHITTOOR DISTRICT 6. THUMBAKUPPAMII GRAMA SAMIKHYA, REP., BY ITS SECRETARY, THUMBAKUPPAM VILLAGE,BANGARUPALEM MANDAL, CHITTOOR 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 issue writ of mandamus or any other direction to declare the action of the respondents No.4 and 5 in not allowing the Petitioner to discharge her duties as Sangamitra/ (Village Organization Assistant) and also forcing her to resign to the post of Sangamitra of Thumbakuppam-II Grama Samikhya, Thumbakuppam Village, Bangarupalem Mandal, Chittoor District, i.e., the respondent No.6 society, without assigning any reason whatsoever, as arbitrary, illegal, colorable exercise of power and contrary to the well- established principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.4 and 5 to continue the Petitioner in the post of Sangamithra of the respondent No.6 society and to 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 may be pleased to direct the respondents No.4 and 5 to allow the Petitioner to discharge her duties as Sangamithra (Village Organization Assistant) of the respondent No. 6 Society, pending disposal of the above Writ Petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VUBBARA DUSHYANTH REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri V. Dushyanth Reddy, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services, for respondent No.1 and Sri Hari Babu, learned standing counsel for respondents 2 to 4. 2. Learned counsel for the petitioner would submit that the petitioner was elected as VOA, by the members of respondent No.6 society, in a General Body Meeting held on 07.08.2024 (Ex.P1) and the petitioner has been discharging her duties without any remarks. Be that as it may, due to the change in Government, respondent Nos.4 and 5 are not allowing the petitioner to discharge their duties as VOAs. 3. Learned Assistant Government Pleader for Services, on oral instructions would submit that the official 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. 4. 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 by-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. 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 the 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 the appointment of Village Organization Assistants, qualifications, the 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 the 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 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 have nothing to do with that procedure. The members of the Society got the right either to elect/appoint or remove 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 the circular dated 29.08.2019 is in force to date. 11. Since an averment was made in the affidavit that, respondents 4 and 5 are interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader, intends to dispose of the writ petition. 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 the learned counsel on either side, directing the respondents 4 and 5 not to interfere with the petitioner’s discharging duties as VOA. 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: 08.01.2025 IKN 102 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 470 of 2025 Dated: 08.01.2025 IKN