Disposed

Udatha Hemalatah v. the State of Andhra Pradesh

Andhra Pradesh HC19 Sept 2024WP/20680/2024

Case brief

AI extract

What is this about?

A Village Organisation Assistant petitioned against being prevented from working by DRDA officials without notice. The court noted the 2019 SERP circular barring official interference in society affairs and, with government assurance of no interference, disposed of the writ petition directing authorities not to interfere.

What did the court decide?

Respondent authorities directed not to interfere with petitioner's discharge of duties as VOA of respondent Society.

Udatha Hemalatah Vs the State of Andhra Pradesh — Cooperative Societies | Andhra Pradesh HC (2024)

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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: 20680 OF 2024

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Between:

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Udatha Hemalatha, W/o.Chalapathi Rao, Aged about 42 years, Occ- VOA of Madamanuru-1 Grama Samaikya Sangam, Madamanur-1 Village Organisation, Resident of Madamanur 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, Madamanur Village, Manubolu Mandal, SPSR Nellore District.

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The Madamanur-1 Grama Samaikya Sangam, Represented by its - President, Madamanur-1 Village Organisation, Madamanur Village, Manubolu Mandal, SPSR Nellore District.

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...RESPONDENTS

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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 Madamanuru-1 Grama Samaikya Sangam, Madamanur-1 Village Organisation, Madamanur 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 Madamanuru-1 Grama Samaikya Sangam, Madamanur-1 Village Organisation, Madamanur 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 may be pleased to direct the respondent Nos. 4 to 7 to allow me to discharge my duties as Village Organisation Assistant (VOA) in Madamanuru-1 Grama Samaikya Sangam, Madamanur-1 Village Organisation, Madamanur Village, Manubolu Mandal, SPSR Nellore District.

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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 Counsel for the Respondent No. 8: -— The Court made the following: ORDER

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APHC010407182024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3331]

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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: 20680/2024

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Between:

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1.UDATHA HEMALATAH, W/O.CHALAPATHI RAO, AGED ABOUT⁴² YEARS, OCCVOAOF MADAMANURU-1 GRAMA SAMAIKYA SANGAM, MADAMANUR-1 VILLAGE ORGANISATION RESIDENT OF MADAMANUR 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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’"N

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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, MADAMANUR VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT.

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8.THE MADAMANUR1 GRAMA SAMAIKYA SANGAM, REPRESENTED BY ITS PRESIDENT, MADAMANUR-1 VILLAGE ORGANISATION, MADAMANUR 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 to may be pleased to issue an appropriate writ^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 Madamanuru-1 Grama Samaikya Sangam, Madamanur-1 Village Organisation, Madamanur 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 Madamanuru-1 Grama Samaikya Sangam, Madamanur-1 Village Organisation, Madamanur Village, Manubolu Mandal, SPSR Nellore District and pass

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lA NO: 1 OF 2024

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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^{Madamanuru-1Grama} Samaikya Sangam, Madamanur-1 Village Organisation, Madamanur Village, Manubolu Mandal, SPSR Nellore District.

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"'X -V

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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 respondent Society-Madamanuru-1^Grama Samaikya Sangam, Madamanur Village & 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^virtue of resolution dated 01.08.2019, the petitioner was elected/nominated as VOA of 8 th respondent Society in Madamanur Village. Learned counsel^{furthersubmits} that the petitioner has been continuing as VOA by virtue^{ofresolutiondated} 15.09.2023. 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, 1995 (for short “the Act”). Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act, shall frame bye-

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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^{whocanmakeuse} 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.Section4} of the Act speaks about the registration of the society and Section 5 prescribes that the society is a body corporate. 6. The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary^{tothesaidindividual.} 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^{theGovernmentof} 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.^{Oneofthosecirculars} 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.

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A perusal of the 2019 circular would manifest that to alleviate poverty and for women empowerment, 27,841 societies were formed^intermsofthe provisions of A.P.Mutually Aided Co-operative Societies Act, 1995; that those societies are autonomous bodies; that selection, removal^{anddutiesofVGA} etc., are within the purview of the members of the Society: that the duties and responsibilities of the Staff of the Village Organization^{aredescribedinSection} 25 of the Act; that the staff members of the Village Organization are answerable and accountable to the Village Organization and their

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appointment, removal and performance of duties, are as per the bye-laws, rules and regulations framed by the Executive Committee of the Village Organization.

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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^{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.

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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, SPSR Nellore District, 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

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interfere with the petitioner’s discharging duties^{asVOAof8'^respondent} Society-Madamanuru-I Grama Samaikya Sangam, Madamanur^Village& 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//

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SD/- K. TATA RAO deputy registrar

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To,

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SECTION OFFICER

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The 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 Povejiy (SERP), Department of Rural Development, 2nd floor NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada, NTR District.

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