Disposed

Pothugunta Shakeela v. the State of Andhra Pradesh

Andhra Pradesh HC19 Sept 2024WP/20679/2024

Case brief

AI extract

What is this about?

A Village Organisation Assistant alleged respondents were preventing her from discharging duties without notice. Relying on a SERP circular that societies' staff matters rest with the Village Organisation, the court directed the authorities not to interfere with her discharge of VOA duties.

What did the court decide?

Respondent authorities directed not to interfere with petitioner's discharge of duties as VOA of Akkampet Grama Samaikya Sangam; no order as to costs.

Pothugunta Shakeela Vs the State of Andhra… — Cooperative Societies | Andhra Pradesh HC (2024)

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s \

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

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FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20679 OF 2024

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Between:

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Pothugunta Shakeela, W/o.Pothugunta Masthan Saheb, Aged about 39 years, Occ VOAof Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Resident of Akkampet Village, Manubolu Mandal, SPSR Nellore District

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The District Collector - Cum - Executive Chairman, District Rural Development Agency (DRDA), Nellore, SPSR Nellore District.

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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.

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The Project Director, District Rural Development Agency (DRDA), Velugu, SPSR Nellore District, Nellore.

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The Area Co-ordinator, DRDA, YSR Kranthipatham (Velugu), Venkatachalam, SPSR Nellore District.

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The Assistant Project Manager, YSR Kranthipatam (Velugu) Mahila Mandal, Samikya, Manubolu, Manubolu Mandal, SPSR Nellore District.

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The Cluster Co-ordinator, Akkampet Village, Manubolu Mandal, SPSR Nellore District.

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The Akkampet Grama Samaikya Sangam, Represented by its President, Akkampet Village Organisation, Akkampet Village, Manubolu Mandal, SPSR Nellore District.

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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 the nature of Writ of Mandamus declaring the action of the respondents No.4 to 7 in not allowing me to discharge my duties as Village Organisation Assistant (VOA) in Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Akkampet Village, Manubolu Mandal, SPSR Nellore District by forcing me to resign the said post without issuing any notice as arbitrary, illegal, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent Nos. 4 to 7 to allow me to discharge my duties as Village Organisation Assistant (VOA) in Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Akkampet Village, Manubolu Mandal, SPSR Nellore District.

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lA NO: 1 OF 2024

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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. 4 to 7 to allow me to discharge my duties as Village Organisation Assistant (VOA) in Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Akkampet Village, Manubolu Mandal, SPSR Nellore District., pending disposal of the writ petition.

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Counsel for the Petitioner: SRI NAGENDRA BABU PARAGATI

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Counsel for the Respondent Nos. 1 to 7: GP FOR SERVICES^IV

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' Counsel for the Respondent No. 8: ----

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The Court made the following: ORDER

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[3331]

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APHC010407232024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20679/2024

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Between:

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1.POTHUGUNTA SHAKEELA, W/O.POTHUGUNTA MASTHAN SAHEB, AGED ABOUT 39 YEARS, OCC VOAOF AKKAMPET GRAMA SAMAIKYA SANGAM AKKAMPET VILLAGE ORGANISATION, RESIDENT OF AKKAMPET VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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2.THE DISTRICT COLLECTOR CUM EXECUTIVE CHAIRMAN, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), NELLORE, SPSR NELLORE DISTRICT.

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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.

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4.THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), VELUGU, SPSR NELLORE DISTRICT, NELLORE.

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5.THE AREA COORDINATOR, DRDA, YSR KRANTHIPATHAM (VELUGU), VENKATACHALAM, SPSR NELLORE DISTRICT.

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6.THE ASSISTANT PROJECT MANAGER, YSR KRANTHIPATAM (VELUGU) MANILA MANDAL, SAMIKYA, MANUBOLU, MANUBOLU MANDAL, SPSR NELLORE DISTRICT.

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7.THE CLUSTER COORDINATOR, AKKAMPET VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT.

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8.THE AKKAMPET GRAMA SAMAIKYA SANGAM, REPRESENTED BY ITS PRESIDENT, AKKAMPET VILLAGE ORGANISATION, AKKAMPET VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT.

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...RESPONDENT(S):

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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 tomay be pleased to issue an appropriatewrit^orderor direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.4 to 7 in not allowing me to discharge my duties as Village Organisation Assistant (VOA) in Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Akkampet Village, Manubolu Mandal, SPSR Nellore District by forcing me to resign the said post without issuing any notice as arbitrary, illegal, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent Nos. 4 to 7 to allow me to discharge my duties as Village Organisation Assistant (VOA) in Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Akkampet Village, Manubolu Mandal, SPSR Nellore District and pass such lANO: 1 OF 2024 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent Nos. 4 to 7 to allow me to discharge my duties as Village Organisation Assistant (VOA) in Akkampet Grama Samaikya Sangam, Akkampet Village Organisation, Akkampet Village,

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Manubolu Mandal, SPSR Nellore District., pending disposal of the writ petition. Counsel for the Petitioner:

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1.NAGENDRA BABU PARAGATI

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Counsel for the Respondent(S):

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1.GP FOR SERVICES

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The Court made the following ORDER:

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This writ petition is filed to declare the action of respondent Nos.4 to 7 in not allowing the petitioner to discharge her duties as VOA (Village Organization Assistant) of the 8‘^ respondent Society-Akkampet Grama Samaikya Sangam in Akkampet Village, Manubolu Mandal, SPSR Nellore District, without assigning any reasons.

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Heard learned counsel on either side.

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Learned counsel for the petitioner submits that by^{virtueofresolution} dated 02.08.2019, the petitioner was elected/nominated as VOA of 8''^ respondent Society in Akkampet Village. Learned counsel further submits that the petitioner has been continuing as VOA by virtue of resolution dated 17.08.2023. However, the respondent Nos.4 to 7 without issuing any notice, are not allowing the petitioner to discharge her duties^asVOA. 4. Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for services, on written instructions of Project Director, DRDA, SPSR Nellore District, would submit that the officials are not interfering^{withtheactivitiesof} the petitioner as VOA. He also produced a copy of Circular No.647/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP.

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The Society where the petitioner has been discharging duties, as VOA, is registered under Andhra Pradesh Mutually Aided Cooperative Societies Act,

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1995 (for short “the Act”). Individual or Cooperative^{societiesintendingtoform} Societies under the aforementioned Act, shall frame^bye- into Cooperative laws conforming to the principles of cooperation. The^membership of the and without restrictions of any social, political. society shall be voluntary discrimination to all persons who can make use of its rational or religious services and are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy^{equalrightsofvoting} and participation in decisions affecting their Cooperative^{Societies.Section4} 5 of the Act speaks about the registration of the society and Section prescribes that the society is a body corporate. 6. The members of the society, normally, elect one among them^asVillage Organization Assistant, by a resoiution and pay salary^{tothesaidindividual,} of Rural Poverty, Department of Rural The Society for Elimination of Andhra Pradesh, represented by its CEO, is Development, State constituted by the State to implement the schemes for^elimination of rural the Government of poverty as proposed by the Union of India as well as Andhra Pradesh, by issuing circulars from time to time,^{regardingappointment} 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^{issuedbyPrincipal} Secretary, SERP.

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A perusal of the 2019 circular would manifest that^{toalleviatepoverty} 27 841 societies were formed in terms of the and for women empowerment, provisions of A.P.Mutually Aided Co-operative Societies^{Act,1995;thatthose} societies are autonomous bodies: that selection, removal and duties of VGA etc., are within the purview of the members of the^{Society;thatthedutiesand} responsibilities of the Staff of the Village Organization^{aredescribedinSection}

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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. 8. The said circular further prescribes that the staff of the CBO/Project should work for development and to achieve financial stability of the Village j Organization and they should cooperate and facilitate^{thedevelopmentofthe} Village Organization and shall not influence or interfere^{withthedecisions} of the Society, (emphasis is mine)

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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^{othercircularsbeissuedat} the district level. Circular dated 29.08.2019, will^{beinforcetillanothercircular} is issued.

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Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force till date. 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.

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Given the facts and circumstances of the case coupled with the aforementioned circular issued by the Principal Secretary, SERP, and the instructions furnished by the Project Director, DRDA,^SPSRNellore District.

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this Writ Petition is disposed of at the admission stage, with the consent of the learned counsel on either side, directing the respondent authorities not to interfere with the petitioner’s discharging duties as VOA of 8*^ respondent Society-Akkampet Grama Samaikya Sangam in Akkampet Village, Manubolu Mandal, SPSR Nellore District. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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//TRUE COPY// SD/- K. TATA RAO DEPUTY REGISTRAR

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To,

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TION OFFICER pofSEClK

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