IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATT

WRIT PETITION NO: 21866 OF 2024

Between:

Gogulamudi Sarada, W/o Murahari, aged 41 years, Village Organization Assistant (VOA), R/o Dr.No.157-GB, Chakrayapalem Village, Addanki Mandal, Bapatia District.

...Petitioner

AND

• 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Nelapadu, Thulluru Mandal, Guntur District, Andhra Pradesh.
• 2. The District Collector-cum-Executive Chairman, District Rural Development Agency (DRDA), Bapatla 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, NRT District.
• 4. The Project Director, District Rural Development Agency, Bapatla District, Andhra Pradesh.
• 5. The Assistant Project Manager, District Rural Development Agency, Addanki Mandal, Bapatla District.
• 6. The Community Co-Ordinator, District Rural Development Agency, Addanki Mandal, Bapatla District.

...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 order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos. 5 and 6 in giving oral instructions to the petitioner not to attended her duties as Village Organization Assistant (VOA) of the Sri Prasanajaneya Mahila

Mutually Aided Co-operative Thrift Society Limited, Chakrayapalem, Addanki Mandal, Bapatia District, without issueing any notice or whatsoever as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent Nos. 5 and 6 not to interfere with the duties of the petitioner as Village Organization Assistant (VOA) of the Sri Prasanajaneya Mahila Mutually Aided Co-operative Thrift Society Limited, . Chakrayapalem, Addanki Mandal, Bapatia District.

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 Respondent Nos. 5 and 6 not to interfere with the duties of the petitioner as Village Organization Assistant (VOA) of the Sri Prasanajaneya Mahila Mutually Aided Co-operative Thrift Society Limited, Chakrayapalem, Addanki Mandal, Bapatia District pending disposal of the above writ petition.

Counsel for the Petitioner: SRI YADAVALLI RAMESH Counsel for the Respondents: GP FOR SERVICES IV The Court made the following order:

APHC010427492024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3331]

MONDAY ,THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 21866/2024

Between:

...PETITIONER Gogulamudi Sarada

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.YADAVALLI RAMESH

Counsel for the Respondent(S):

1.GP FOR SERVICES IV

The Court made the following:

■.ORDER:

This writ petition is filed complaining about interference by respondent Nos.5 and 6 and not allowing the petitioner to discharge her duty as Sangamitra (Village Organization Assistant) of Sri Prasanajaneya Mahila Mutually Aided Cooperative Thrift Society Limited, Chakrayapalem, Addanki Mandal, Bapatia District, without assigning any reasons.

2. Heard learned counsel on either side.

Learned counsel for the petitioner submits that the petitioner was elected/nominated as Sangamitra (Village Organization Assistant) in Sri 3.

Prasanajaneya Mahila Mutually Aided Cooperative Thrift Society Limited, Chakrayapalem, Addanki Mandal, Bapatia District. Respondent Nos.5 and 6, \A/ithout assigning any reasons, is not allowing the petitioner to discharge her duties.

Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for services, on oral instructions of Project Director, DRDA Guntur District, would submit that the officials are not interfering with the activities of the petitioner as SangamitraA/OA. He also produced a copy of Circular No.64-7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP. 4.

The Societies 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 bye-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. 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, 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. 6.

termination, method ofpayment, dutiesandobligations. One ofthosecirculars circular No.64-/SERP/IB/2018 dated 26.11.2018. Thereafter NO.64-7/SERP/IB/2019 dated 29.08.2019 SERP. IS anotherCircular was issued by Principal Secretary,

■» s

7. A perusal of the 2019 circular would manifest that to alleviate 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 responsibilitiesoftheStaffoftheVillageOrganizationaredescribedin Section 25 of the Act; that the staff members of the Village Organization answerable and accountable to the Village Organization appointment, removal and performance of duties, rules and regulations framed by the Executive Committee of the Village Organization. poverty and are and their are as per the bye-laws.

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 VillageOrganization the society, (emphasis is mine) 8. andshallnotinfluenceorinterferewiththedecisionsof

9. 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 SangamitrhaA/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 force till another circular is issued. of will be in

10. Learned Assistant Government Pleader for Services would submit circular dated 29.08.2019 is in force to date. that $11.$ 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 would manifest that the officials are not interfering.

11. 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 disposedofattheadmissionstage, with the consent of the learned counselon either side, directing the respondent Nos.5 and 6 not to interfere with the petitioner's discharging duties as Sangamithra / VAO in Sri Prasanajaneya Mahila Mutually Aided Cooperative Thrift Society Limited, Chakrayapalem, Addanki Mandal, Bapatla District. No costs.

Asasequel, pendingmiscellaneous petitions, ifany, shallstandclosed.

//TRUE COPY//

Sd/- B. PRASADA RAO ASSISTANT REGISTRAR

SECTION OFFICER

To.

• 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Nelapadu, Thulluru Mandal, Guntur District, Andhra Pradesh.
• 2. The District Collector-cum-Executive Chairman, District Rural Development Agency (DRDA), Bapatla 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, NRT District.
• 4. The Project Director, District Rural Development Agency, Bapatla District, Andhra Padesh.
• 5. The Assistant Project Manager, District Rural Development Agency, Addanki Mandal, Bapatia District.
• 6. The Community Co-Ordinator, District Rural Development Agency, Addanki Mandal, Bapatia District.
• 7. One CC to SRI. YADAVALLI RAMESH Advocate [OPUC]
• 8. Two CCs to GP FOR SERVICES IV, High Court Of Andhra Pradesh. $[OUT]$
• 9. Two CD Copies

RAM

HIGH COURT

DATED:30/09/2024

ORDER

WP.No.21866 of 2024

DISPOSING OF THE WP WITHOUT COSTS