-.y r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4273 OF 2025 a .'fv J ■ ■ y'-Ar'' ■ : :* -i Between: Smt.Lakki Yashoda, S W/o Venkata Ramana Age37 years, Occ VOA (Village Organization Assistant) Velugu (Society for Elimination of Rural Poverty) Maddur Village, Panyam Mandal, Nandyal Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Dept., Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector cum Executive Chairman, District Rural Development Agency (DRD) Nandyal Dist. 3. The Chief Executive Officer, Velugu (Society for Elimination of Rural Poverty) 2nd Floor, Pandit Nehru Bus Stand Vijayawada, Krishna Dist. 4. The Project Director-DRDA, Velugu (Society for Elimination of Rural Poverty) Bomma Satram, Nandyal Town, Nandyal Dist. 5. The Assistant Project Manager, District Rural Development Agency (DRDA) Teja Grama Sangham Opp Krishna Temple, Panyam Village and Mandal Nandyal Dist. 6. The Community Coordinator, District Rural Development Agency, Opp Krishna Temple, Panyam Village and Manda, Nandyal Dist. A 7. Teja Grama Sangham Mahila Mutually Aided Thrift and Society Ltd, rep.by its President G.Subba Lakshmi, Maddu Village, Panyam Mandal Nandyal Dist. ...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 Writ or Direction preferably Writ of Mandamus, declaring the action of the 5th respondent in giving oral instruction to the petitioner not to attend her duties as Village Organizer Assistant (VOA) of Maddur Village, Panyam Mandal of Nandyal Dist., without issuing any notice to the petitioner Illegal, arbitrary, and violative principles of natural justice and violative Articles 14 and 21 of the Constitution of India and IS of consequently direct the 5th petitioner as Village Organizer Assistant (VOA) of Teja Gram Sangham of Muddur Village, Panyam Mandal of Nandyal District respondent not to interfere with the duties of the lA NO: 1 OF 202fi 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 5‘^ respondent not to interfere with the duties of the petitioner as Village organizer Assistant (VOA) of Teja Gram Sangham Muddur Village, Panyam Mandal of Nandyal District.l of Counsel for the PetitionerSRI M M M SRINIVASA RAO Counsel for the Respondents No.1 to 6: GP FOR SERVICES Counsel for the Respondent No.7: — The Court made the following: ORDER IV _< APHC010079742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4273/2025 Between: Mt.lakki Yashoda ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M M M SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following ORDER: Heard Sri M M M Srinivasa Rao, learned counsel for the petitioner and Sri M.Hari Babu, learned standing counsel for respondents 2 to 6. 2. Learned counsel for the petitioner would submit that the petitioner is initially appointed as VOA of respondent Society by resolution dated 09.01.2021 (Ex.P.1). Later, by resolution dated 24.01.2023 (Ex.P.2) petitioner’s services as VOA were renewed and since then she has been discharging her duties as VOA. Learned counsel asserted in the affidavit that the 5^'^ respondent is not allowing the petitioner to discharge her duties VOA. ...RESPONDENT(S) the as 2 3. Learned Assistant Government Pleader for Services and learned standing counsel, on oral instructions would submit that the officials of respondent authorities are not interfering with the discharging duties of the petitioner as VOs given the Circular No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. The Societies where the petitioners have been discharging duties 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 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. as or 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. 5. 3 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. 6. 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 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. 8. removal. duties and responsibilities of V 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 4 C4 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 interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader for Services, is passing the following order. are 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 respondent not to interfere with the petitioner’s discharging duties as VGA of 7*^ respondent Society of Maddu Village, Panyam Mandal, Nandyal District. However, this order will preclude the respondent authorities from acting as per the Rules. No order as to costs. not As a sequel, pending miscellaneous petitions, if any, shall stand closed. ASSISTANT registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Dept., Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector cum Executive Chairman, District Rural Development Agency (DRD) Nandyal Dist. 3. The Chief Executive Officer, Velugu (Society for Elimination of Rural Poverty) 2nd Floor, Pandit Nehru Bus Stand Vijayawada, Krishna Dist. w 4. The Project Director-DRDA, Veiugu (Society for Elimination of Rural Poverty) Bomma Satram, Nandyal Town, Nandyal Dist. The Assistant Project Manager, District Rural Development Agency (DRDA) Teja Grama Sangham Opp Krishna Temple, Panyam Village and Mandal Nandyal Dist. The Community Coordinator, District Rural Development Agency, Opp Krishna Temple, Panyam Village and Manda, Nandyal Dist. The President, Teja Grama Sangham Mahila Mutually Aided Thrift and Society Ltd, G.Subba Lakshmi, Maddu Village, Panyam Mandal, Nandyal Dist. One CC to SRI. M M M SRINIVASA RAO, Advocate [OPUC] 9.Two CCs to GP FOR SERVICES IV, High Court of Andhra Pradesh. [OUT] 10. Three C.D.Copies 5. 6. 7. 8. nm / •' •i. *; ■r HIGH COURT DATED:24/02/2025 ORDER WP.No.4273 of 2025 DISPOSING OF THE WP WITHOUT COSTS