•N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11427 OF 2025 Between: Jalli Meri Susheela, W/o. Chinna Babu, Aged about. 35 Years, 3-112, Main Road Gummileru Village, Alamuru Mandal Dr BR Ambedkar Konaseema District Andhra Pradesh ...Petitioner/s AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj and Rural Development Dept., AP Secretariat Buildings, Velagapudi Amaravati 2. The District Collector, Amalapuram. 3. District Rural Development Agency (DRDA) Project Director, Dr BR Ambedkar Konaseema District, Amalapuram. Office Address. Aims engineering college, Mummidivaram. 4. Assistant Project Manager (A.P.M) (DRDA Project), Mandala Mahila samakhya (Velugu) office. Near Alamuru court, Alamuru Mandal, Dr BR Ambedkar Konaseema District. ^ 5. Penekeru Village organization Mutually Aided Cooperative Women Thrift Society Limited, Penekeru Village, Alamuru Mandal Dr BR Ambedkar Konaseema District Dr BR Ambedkar Konaseema District, ...Respondent/s Petition under Article 226 of the Constitution of India is filed 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 the nature of WRIT OF MANDAMUS declaring the action of the Respondent authorities in not allowing writ petitioner to perform her duties as VOA in Penikeru Village Organization, Penikeru village, Alamuru Mandal, Dr BR Ambedkar Konaseema District. AndhraPradesh without issuing any proceedings of any order of suspension or termination which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to allow the petitioner to discharge the petitioner duties as writ petitioner to perform her duties as VOA in Penekeru Village Organization, Penekeru village, Alamuru Mandal, Dr BR Ambedkar Konaseema District, Andhra Pradesh. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, thd High Court may be pleased to direct the respondent authorities to consider representation dated 27-01-2025 and allow writ petitioner to perform her duties as VOA (Animators) as VOA in Penekeru Village Organization; Penekeru village, Alamuru Mandal, Dr BR Ambedkar Konaseema District; Andhra Pradesh. Counsel for the Petitioner : SRI. MAKIREDDY MANOJ Counsel for the Respondents: GP FOR PANCHAYAT RAJ The Court made the following: APHC010214042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] 0S5 FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11427/2025 Between: Jalli Meri Susheela ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MAKIREDDY MANOJ Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGRJ W.P.No.ll427of2025 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 an appropriate Writ, Order or Direction, particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent authorities in not allowing writ petitioner to perform her duties as VOA in Penikeru Village Organization. Penikeru village, Alamuru Mandal, Dr BR Ambedkar Konaseema District. AndhraPradesh without issuing any proceedings of any order of suspension or termination which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to allow the petitioner to discharge the petitioner duties as writ petitioner to perform her duties as VOA in Penekeru Village Organization, Penekeru village, Alamuru Mandal, Dr BR Ambedkar Konaseema District, AndhraPradesh and to pass such other order or orders....” Heard Sri Makireddy Monoj, learned counsel for the petitioner and learned Assistant Government Pleader for Services for respondents. more 2. 3. Petitioner has been appointed as Village Organization Assistant in Penekeru Village Organization, Penekeru Village, Alamuru Mandal, Dr BR Ambedkar Konaseema District. She has been discharging her duties as VOA since 2005. She has continued to serve from time to time. Recently, the said society by resolution dated 12.12.2024 continued the services of the petitioner for further period. As the petitioner has lodged FIR against the 4'*^ respondent vide Crime No.57 of 2025, dated 22.02.2025, of Alamuru Police Station, for the offences punishable under Section 75(1) of the Bharatiya Nyaya Sanhita, the said respondent is preventing the 3 HCGRJ W.P.No.11427 ot202S petitioner from discharging and attending duties. Petitioner has made representation dated 27.01.2025 to allow her to discharge duties. As the petitioner is continues to be denied to attend her duties, present writ petition is filed. 4. Learned counsel for the petitioner submits that petitioner has been validly appointed by the 5*^ respondent, who is competent either to appoint or to remove and in view of Circular No.64- 7/SERP/IB/2019, dated 29.08.2019, issued by Principal Secretary, SERP, respondent Nos.3 and 4 are neither competent to appoint nor to regularize the services of petitioner. Further, keeping grudge against the petitioner for lodging FIR, she is being prevented to discharge duties. 5. Learned Assistant Government Pleader submits that as per resolution, petitioner is continuing as VGA and that respondent Nos.3 and 4 will not interfere, as they are not competent to do so in terms of aforesaid circular. 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 6. 4 HCGR,J W.P.No.11427 of 2025 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. 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 5 HCGR,J W.P.No.ll427of2025 are autonomous bodies; Societies Act, 1995; that those societies that selection, removal, and duties of VOA etc., are within the purview of the members of the Society; that the duties responsibilities of the Staff of the Village Organization are described and 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 influence or interfere with the decisions of th^ not 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 m HCGR,J W.P.No. 11427 of 2025 Learned Assistant Government Pleader for Services would submit that the circular dated 29.08.2019 is in force to date. 11. 12. Thus, 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 manifest that the officials are not interfering. would 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, this Writ Petition is disposed of at the admission stage, with the consent of both the learned counsel, directing respondent Nos.3 and 4 not to interfere with the petitioner’s discharging duties as VGA in Penekeru Village Organization, Penekeru Village, Alamuru Mandal, Dr BR Ambedkar Konaseema District. There shall order as to costs. be no As a sequel, miscellaneous petitions, pending if any, shall stand closed. ‘ S'd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER I !- To, 1. The Principal Secretary Panchayat Raj and Rural Development Dept., State of Andhra Pradesh, AP Secretariat Buildings, Velagapudi Amaravati 2. The District Collector, Dr BR Ambedkar Konaseema District, Amalapuram. 3. District Rural Development Agency (DRDA) Project Director, Dr BR Ambedkar Konaseema District, Amalapuram. Office Address. Aims engineering college, Mummidivaram. 4. Assistant Project Manager (A.P.M) (DRDA Project), Mandala Mahila samakhya (Velugu) office. Near Alamuru court, Alamuru Mandai, Dr BR Ambedkar Konaseema District. 5. Penekeru Village organization Mutually Aided Cooperative Women Thrift Society Limited, Penekeru Village, Alamuru Mandai Dr BR Ambedkar Konaseema District( 1 to 5 by RPAD) 6. One CC to SRI. MAKIREDDY MANOJ Advocate [OPUC] 7. Two CCs to GP FOR PANCHAYAT RAJ ,High Court Of Andhra Pradesh. [OUT] ^ 8. Three CD Copies KSR t - HIGH COURT DATED:02/05/2025 ORDER WP.No.11427 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS