IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31091 OF 2024 Between: 1. H. Hanumanthu Reddy, S/o Hanamanthu Gari Narayanappa aged about 50 years, Working as VOA in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village Chennekothapalle Mandal, Satyasai District ...Petitioner AND 1. The State Of Andhra Pradesh rep., by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District. 2. The Cheif Executive Officer, The Society for Elimination of Rural Poverty, Department of Rural Development, Government of Andhra Pradesh, 2nd Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada. 3. The Project Director, DRDA, Puttaparthi, Satyasai District 4. The Area Coordinator, SERP, Dharmavaram, Satyasai District 5. The Assistant Project Manager, SERP, Chennekothapalle Mandal, Satyasai District. 6. The Cluster Coordinator, SERP, Chennekothapalle Mandal, Satyasai District 7. Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District, Represented by its President ...Respondents ~s Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents 5 and 6 in not allowing the petitioner to work as Village Organization Assistant in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District though her tenure is in vogue, without issuing any notice, order communication, as arbitrary, illegal, in violation of Article 14 of the Constitution of India, and consequently direct the Respondents 5 and 6 to allow the Petitioner to work as Village Organization Assistant in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District till the petitioner complete her tenure as per the resolution. lA NO: 1 OF 2024 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 5 and 6 to allow the Petitioner to work Village Organization Assistant in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Chennekothapalle Mandal, Satyasai District pending disposal of the above writ petition. Counsel for the Petitioner: SRI. SUBBA RAO KORRAPATI Counsel for the Respondents : GP FOR SERVICES IV The Court made the following ORDER : may or as Limited, Yerrampalle Village, ;V' APHC010597632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY. THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31091/2024 Between: 1.H HANUMANTHU REDDY, S/0 HANAMANTHU GARI NARAYANAPPA AGED ABOUT 50 YEARS, WORKING AS VGA PARASPARA SAHAYAKA PODUPU PARAPATHI AND SAHAKARA LIMITED CHENNEKOTHAPALLE MANDAL, SATYASAI DISTRICT IN JYOTHI SANGAM YERRAMPALLE VILLAGE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2.THE CHEIF EXECUTIVE OFFICER. THE SOCIETY FOR ELIMINATION OF RURAL POVERTY. DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK, PANDIT NEHRU BUS STATION, VIJAYAWADA. 3.THE PROJECT DIRECTOR, DRDA, PUTTAPARTHI, SATYASAI DISTRICT 4.THE AREA COORDINATOR, SERP, DHARMAVARAM, SATYASAI DISTRICT 5.THE PROJECT CHENNEKOTHAPALLE MANDAL, SATYASAI DISTRICT. ASSISTANT SERP MANAGER 2 SRS,J ' W.P.No.31091 of 2024 6.THE CLUSTER COORDINATOR, SERF, CHENNEKOTHAPALLE MANDAL, SATYASAI DISTRICT ( 7.JYOTHI PARASPARA SAHAYAKA PODUPU PARAPATHI AND SAHAKARA SANGAM LIMITED. CHENNEKOTHAPALLE MANDAL, REPRESENTED BY ITS PRESIDENT YERRAMPALLE VILLAGE, SATYASAI 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 toPleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents 5 and 6 in not allowing the petitioner to work as Village Organization Assistant in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District though his tenure is in vogue, without issuing any notice, order or communication, as arbitrary, illegal, in violation of Article 14 of the Constitution of India, and consequently direct the Respondents 5 and 6 to allow the Petitioner to work as Village Organization Assistant in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District till the petitioner complete his tenure as per the resolution and to pass lA NO: 1 OF 2024 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 pleased to direct the respondents 5 and 6 to allow the Petitioner to work as Village Organization Assistant in Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1.GP FOR SERVICES IV 3 SRS,J W.P.No.31091 of 2024 // The Court made the following: :: ORDER :: Heard Sri Sohith Chandra, learned counsel representing Sri Subba Rao Korrapati, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services appeared for respondent No.1 and Sri Hari Babu, learned Standing Counsel appeared for respondents 2 to 6. Learned counsel for the petitioner would submit that the petitionerwas elected as VGA by a resolution passed by the members of respondentNo.7. Thereafter, the petitioner’s service as VGA was renewed by a resolution dated 20.08.2023. Since then, the petitioner has been discharging his duties without any remarks. Learned counsel also would submit that after the change of the Government, respondents 5 & 6 are interfering with the petitioner’s dischargingduties. 2. Learned Standing Counsel, on oral instructions would submit that the official respondents 5 and 6 are not interfering with the discharging duties of the petitioner as VGA given the Circular No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. 3. The Society where the petitioner has been discharging duties, as VGA, 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 4. 4 SRS,J W.P.No.31091 of 2024 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 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. IS 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 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 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 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 5 SRS,J W.P.No.31091 of 2024 Village Organization and shall not influence or interfere with the decisions of the society, (emphasis is mine) The circular further prescribes that the staff members of the Village Organization should not indulge in the decision-making process and that the duties, 8. responsibilities of and removal, 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 \ ,/ . / "S 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. 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. 10. 11. Since an averment was made in the affidavit that, respondents 5 & 6 are interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader, intends to dispose of the writ petition. 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 12. 6 SRS,J W.P.No.31091 of 2024 \ \ learned counsel on either side, directing the respondents 5 & 6 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. 1 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State Of Andhra Pradesh, Secretariat, Velagapudi, Amaravati Capital City, Guntur District. The Cheif Executive Officer, The Society for Elimination of Rural Poverty, Department of Rural Development, Government of Andhra Pradesh, 2nd Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada. The Project Director, DRDA, Puttaparthi, Satyasai District The Area Coordinator, SERP, Dharmavaram, Satyasai District The Assistant Project Manager, SERP, Chennekothapalle Mandal, Satyasai District. The Cluster Coordinator, SERP, Chennekothapalle Mandal, Satyasai District Jyothi Paraspara Sahayaka Podupu Parapathi and Sahakara Sangam Limited, Yerrampalle Village, Chennekothapalle Mandal, Satyasai District, Represented by its President One CC to SRI. SUBBA RAO KORRAPATI Advocate [OPUC] Two CCs to GP FOR SERVICES IV ,High Court Of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. 8. 9. 10. PMT WNS - SECTION HIGH COURT DATED:03/01/2025 ORDER WP.No.31091 of 2024 ands^ 2'l IAN 2l}r3 . Curreni Section OV Col! DISPOSSING OF THE WP WITHOUT COSTS