% H. IN THE HIGH COURT OF ANDHRA PRADESH ;: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11123 OF 2025 Between: Kattamida Rudramma, W/o. Veeraiah, Aged about 51 Kandukuru Village and Post, Kosigi Mandal, Kurnool District. years, Occ: VOA, R/o. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector-curh-Executive Chariman, Development Agency (DRDA), Kurnool, Kurnool District. 3. The Chief Executive Officer, Society for Elimination of Rural (SERP), Department of Rural Development, Administrative Block, Pandit Nehru Bus-Station District. 4. The Project Director, District Rural Development Agency (DRDA) Velugu, Kurnool, Kurnool District. 5. The Area Coordinator DRDA, YSR Kranthi Patham (VELUGU), Kurnool District. 6. The Assistant Project Manager, YSR Kranthi Patham (VELUGU) Chaitanya Mahila Mandali Samaikya, Kosigi, Kosigi Mandal District. 7. The Cluster Coordinator, Devamma Clustor, Kandukuru Village, Office at Kosigi, kosigi mandal, Kurnool District District Rural Poverty 2nd floor, NTR Vijayawada, NTR Adoni, , Jana Kurnool % 8. The Devamma Grama Samaikya Sangham, kandukuru village, organisation, Kandukuru village, Kosigi mandal, Kurnool District Rep by its President ...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 a writ order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents 4 to 7 in not allowing the petitioner to discharge her duties as Village Organization Assistant (VOA) in The Devamma Grama Samakya Sangham, Kandukurti Village Organization Kandukuru Village, Kosigi Mandal, Kurnool District and forcing the petitioner to Resign to the post without issuing any notice nor conducting any enquiry as bad, illegal, arbitrary and violative of the Principles of natural justice and violative of Articles 14,16 and 21 of Constitution of India and consequently direct the respondents to allow the petitioner to discharge her duties as Village Organization Assistant (VOA) in The Devamma Grama Samaikya Sangham, Kandukuru Village Organization, Kandukuru Village, Kosigi Mandal, Kurnool District. lA 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 to direct the respondents 4 to 7 to allow the petitioner to discharge here duties as Village Organization (VOA) in The Devamma Grama Samakya Sangham, Kandukurti Village Organization Kandukuru Village, Kosigi Mandal, Kurnool District rep by its President the 8th respondent herein pending disposal of the writ petition. % Counsel for the Petitioner: SRI V S K RAMA RAO Counsel for the Respondent Nos. 1, 3, 5 to 8: GP FOR SERVICES I Counsel for the Respondent Nos. 2 & 4: --- The Court made the following: ORDER % APHC010222512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11123/2025 Between: Kattamida Rudramma ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.VS KRAMA RAO Counsel for the Respondent: 1.GP FOR SERVICES I 2 HCGRJ W.P.No-11123 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a writ, order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents 4 to 7 in not allowing the petitioner to discharge her duties as Village Organization Assistant (VOA) in the Devamma Grama Samaikya Sangham, Kandukuru Village Organization, Kandukuru Village, Kosigi Mandal, Kurnool District and forcing the petitioner to Resign to the post without issuing any notice nor conducting any enqiry as bad, illegal, arbitrary and violative of the Principles of natural justice and violative of Articles 14,16 & 21 of Constitution of India and consequently direct the respondents to allow the petitioner to discharge her duties as Village Organization Assistant (VOA) in the Devamma Grama Samaikya Sangham, Kandukuru Village Organization, Kandukuru Village, Kosigi Mandal, Kurnool District and to pass such other order or orders....” Heard Sri V.S.K.Rama Rao, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services for respondents. Petitioner has been appointed as Village Organization Assistant in Devamma Grama Samaikya Sangham, Kandukuru Village Organization, Kandukuru Village, Kosigi Mandal, Kurnool District. She has been discharging her functions as VOA since May 2004. She has continued to serve from time to time. Recently, the said society, in its General Body Meeting held on 11.01.2023, passed a resolution appreciating the petitioner’s service and resolved to continue her in service. However, respondent Nos.4 to 7 3. 3 HCGR.J W.P. No. 11123 of 2025 now obstructing the petitioner from discharging her duties VOA. Aggrieved by the same, present writ petition is filed. are as 4. Learned counsel for the petitioner submits that similar i-- _ : came up for consideration in W.P.No.25614 of 2024 and a Coordinate Bench of this Court disposed of the same on 18.11.2024. By placing reliance on the same, seeks to directing the respondents not to interfere with petitioner terms of the scheme applicable to the said society. It is only the society, which is competent either to appoint or to disengage the services. issue pass similar order s service in 5. Learned Assistant Government Pleader for Services instructions submits 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 Principal Secretary, SERP. on oral 29.08.2019 issued by 6. 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 ^ 4 HCGR.J W.P.No.lll23of2025 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. 7. 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. 8. 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; 5 HCGRJ W.P.No.11123 of 2025 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. 9. 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) 10. 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. % 6 HCGRJ W.P.No.11123 of 2025 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 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. 11. or 12. 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. Since an averment was made in the affidavit that, respondents 4 to 7 are interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader, intends to dispose of the writ petition. 13. 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 both the learned counsel, 14. ^ 1 HCGRJ W.P. No. 11123 of 2025 directing respondent Nos. 4 to 7 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. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector-cum-Executive Chariman, District Rural Development Agency (DRDA). Kurnool, Kurnool District. 3. The Chief Executive Officer, Society for Elimination of Rural Poverty (SERP), Department of Rural Development, 2nd floor, NTR Administrative Block, Pandit Nehru Bus-Station, Vijayawada, NTR District. 4. The Project Director, District Rural Development Agency (DRDA) Velugu, Kurnool, Kurnool District. 5. The Area Coordinator DRDA, YSR Kranthi Patham (VELUGU), Adoni, Kurnool District. 6. The Assistant Project Manager, YSR Kranthi Patham (VELUGU), Jana Chaitanya Mahila Mandali Samaikya, Kosigi, Kosigi Mandal, Kurnool District. 7. The Cluster Coordinator, Devamma Clustor, Kandukuru Village, Office at Kosigi, kosigi mandal, Kurnool District 8. The President, Devamma Grama Samaikya Sangham, kandukuru village, organisation, Kandukuru village, Kosigi mandal, Kurnool District. 9. One CC to Sri V S K Rama Rao Advocate [OPUC] 10. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF . / HIGH COURT DATED;01/05/2025 ORDER WP.No.11123 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS