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: 31225 OF 2024 Between; 1. C Ramani, W/o. C.Gangadhar Reddy, Aged about 31 years, Occ: Sangamithra, R/o.Cheemalapenta Village, Pendlimarri Mandal, Y.S.R District. , ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchyath Raj (Rural Development Agency) Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Executive Chairman DRDA, Y.S.R District. 3. The Project Director, DRDA, Velugu, Y.S.R District. 4. The Assistant Project Manger, Velugu, Office, Pendlimarry Mandal Y.S.R District. ' 5. The Community, Co-Ordinator, Velugu, Pendlimarry Mandal, ^ Y.S.R District. 6. Cheemalapenta Village Organization-1 Cheemlapenta Village, Pendlimarry Mandal, Y.S.R District. Rep., by its Secretary. ...RESPONDENTS 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 an appropriate Writ, Order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondents No.4 and 5 in not allowing the petitioner to discharge her duties as Sangamitra/ (Village Organisation Assistant) and also forcing her to resign to the post of Sangamitra of Cheemalapenta Village Organization-1, Cheemalapenta Village, Pendlimarry Mandal, Y.S.R 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 her 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 pass such 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 No.4 & 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 and pass such Counsel for the Petitioner: SRI. V R REDDY KOWURI Counsel for the Respondents: GP FOR SERVICES IV The Court made the following ORDER: APHC010598622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ I [3331] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31225/2024 Between: 1.C RAMANI, W/0. C.GANGADHAR REDDY AGED ABOUT 31 YEARS, OCC SANGAMITHRA, R/O.CHEEMALAPENTA VILLAGE, PENDLIMARRI MANDAL Y.S.R DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHYATH RAJ (RURAL DEVELOPMENT AGENCY) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, EXECUTIVE CHAIRMAN DRDA, Y.S.R DISTRICT, 3.THE PROJECT DIRECTOR, , DRDA, VELUGU, Y.S.R DISTRICT 4.THE ASSISTANT PROJECT MANGER, , VELUGU, OFFICE PENDLIMARRY MANDAL, Y.S.R DISTRICT 5.THE COMMUNITY, CO-ORDINATOR, VELUGU, PENDLIMARRY MANDAL, Y.S.R DISTRICT. 6.CHEEMALAPENTA VILLAGE ORGANIZATION!, CHEEMLAPENTA VILLAGE, PENDLIMARRY MANDAL, Y.S.R DISTRICT REP., BY ITS SECRETARY. ...RESPONDENT(S): SRS,J W.P.No.31225 of 2024 m 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 an appropriate Writ, Order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondents No.4 and 5 in not allowing the petitioner to discharge her duties as Sangamitra/ (Village Organisation Assistant) and also forcing her to resign to the post of Sangamitra of Cheemalapenta Village Organization-1, Village, Pendlimarry Mandal, Y.S.R District, i.e., the respondent No.6 society without assigning any reason whatsoever Cheemalapenta arbitrary, illegal, colorable exercise of power and contrary to the well established principles apart from being violative of the fundamental rights guaranteed to her under Articles 14,19 and 21 of the Constitution as 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 pass such 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 may be pleased to direct the respondents No.4 & 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 and pass such Counsel for the Petitioner: 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Heard Sri V.R. Reddy Kovvuri, learned counsel for the petitioner and Sri Raju, learned Assistant Government Pleader for respondent No.1 and Sri Hah Babu, learned Standing Counsel appeared for the respondents 3 to 5. Learned counsel for the petitioner would submit that the petitioner ejected as VOA by a resolution passed by the members of respondent No.6 2. was jSt' SRS,J W.P.No.31225 of 2024 Thereafter, the petitioner’s service as VOA was renewed by a resolution dated 12.06.2024. Since then, the petitioner has been discharging her duties without any remarks. Learned counsel also would submit that after the change of the Government, respondents 4 & 5 are interfering with the petitioner’s discharging duties. Learned Standing Counsel on oral instructions would submit that the official respondents 3 to 5 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. 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. 4. 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 A^ndbira Pradesh, by issuing circulars from time to time, regarding the Appointment of Village Organization Assistants, qualifications, the procedure 5. Page 4 of 6 SRS,J W.P.No.31225of2024 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 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. 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 JjrV. Page 5 of 6 SRS,J W P.No.31225 of 2024 the 9. Thus, as seen from the aforementioned circular, 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 4 & 5 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 learned counsel on either side, directing the respondents 4 & 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. 12. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANTiRE^TRAR S^CtS OFFICER //TRUE COPY// To, 1. The l=’rincipal Secretary, State of Andhra Pradesh, Panchyath Raj (Rural Development Agency) Department, Secretariat Buildings, Velaqapudi Amaravati, Guntur District. 2. The District Collector, Executive Chairman DRDA, Y.S.R District, The Project Director, DRDA, Velugu, Y.S.R District The Assistant Project Manger, Velugu, Office, Pendlimarry Mandal, Y.S.R District The Community, Co-Ordinator, Velugu, Pendlimarry Mandal, Y.S.R District. The Secretary, Cheemalapenta Village Organization-1, Cheemlapenta Village, Pendlimarry Mandal, Y.S.R District One CC to SRI V R REDDY KOWURI Advocate [OPUC] Two CCs to GP FOR SERVICES IV, High Court of Andhra Pradesh [OUT] Three CD Copies 3. 4. 5. 6. 7. 8. 9. HIGH COURT PATED:03/01/2025 ORDER WP.No.31225of 2024 g 31 JAN 2025 5 ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS.