Disposed

Annapareddy Sitaravamma v. the State of Ap

Andhra Pradesh HC23 Sept 2024WP/21221/2024

Case brief

AI extract

What is this about?

A Village Organisation Assistant alleged that DRDA officials were preventing her from discharging duties and forcing her resignation without notice. Relying on a SERP circular barring official interference in society decision-making, the court directed respondents not to interfere with her functioning as VOA.

What did the court decide?

Respondents 4 to 7 directed not to interfere with the petitioner's discharging duties as VOA; no costs; pending miscellaneous petitions closed.

Annapareddy Sitaravamma Vs the State of Ap — Cooperative Societies | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FOURTH 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: 21221 OF 2024

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Between:

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Annapareddy Sitaravamma, W/o. Annapareddy Sirinivasa Reddy, Aged about 40 years, Occ: VOA of Prasanthi Grama Samaikya, Ananthavarm Village Organisation, R/d.H.No. 2-39, Ananthavaram Village, Krosuru Mandal, Pafndau District.

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...PETITIONER

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AND

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The State of AP, 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,^{DistrictRural} Development Agency (DRDA), Palnadu District, Narasaraopet.

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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, Palnadu District, Narasaraopet.

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The Area Co-ordinator, DRDA, YSR Kranthipatham (Velugu), Krosuru, Krosuru Mandal, Palnadu District.

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The Assistant Project Manager, YSR Kranthipatam (Velugu)^Mahila Mandal, Samikya, Krosuru, Krosuru Mandal, Palnadu District.

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The Cluster Co-ordinator, Ananthavaram Village, Office at Krosuru, Krosuru Mandal, Palnadu District.

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The Prasanthi Grama Samaikya Sangam, Represented by^itsPresident Ananthavarm Village Organisation, Ananthvaram Village,^Krosuru Mandal Palnadu 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^{moreparticularly} i one in the nature of Writ of Mandamus declaring the action of the respondents No.4 to 7 in not allowing me to discharge^{mydutiesasVillage} Organisation Assistant (VOA) in Prasanthi Grama Samaikya of Ananthavarm Village, Krosuru Mandal, Palnadu District^byforcingme lo 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.4to7to allow me to discharge my duties as Village Organisation^{Assistant(VOA)in} Prasanthi Grama Samaikya of Ananthavarm Village, Krosuru Mandal, Palnadu 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 writ petition, the High Court may be pleased to direct the respondent Nos. 4 to 7 to^{allow metodischargemy} duties as Village Organisation Assistant (VOA) in Prasanthi Grama Samaikya of Ananthavarm Viliage, Krosuru Mandai, Palnadu District, pending disposal of the writ petition.

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Counsel for the Petitioner : SRI NAGENDRA BABU PARAGATI Counsel for the Respondent Nos.1 to 7 : GP FOR SERVICES^IV Counsel for the Respondent No.8 : SRI M. SUDHIR, SC^FORPGSSA

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The Court at the stage of admission made the following:^ORDER

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APHC010416212024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331] (Special Original Jurisdiction)

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TUESDAY ,THE TWENTY FOURTH 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: 21221/2024

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Between:

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1.ANNAPAREDDY SITARAVAMMA, W/0. ANNAPAREDDY SIRINIVASA REDDY, AGED ABOUT 40 YEARS. OCC VOA OF PRASANTHI GRAMA SAMAIKYA, ANANTHAVARM VILLAGE ORGANISATION, R/O.H.NO. 2-39, ANANTHAVARAM VILLAGE. KROSURU MANDAL, PAINDAU DISTRICT. ...PETITIONER

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AND

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1.THE STATE OF AP. 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), PALNADU DISTRICT, NARASARAOPET.

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3 THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR ELIMINATION^OF RURAL

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RURAL POVERTY (SERP), DEPARTMENT OF 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, PALNADU DISTRICT, NARASARAOPET.

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. 5.THE AREA COORDINATOR, DRDA, YSR KRANTHIPATHAM (VELUGU), KROSURU, KROSURU MANDAL, PALNADU DISTRICT.

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6.THE ASSISTANT PROJECT MANAGER, YSR KRANTHIPATAM (VELUGU) MANILA MANDAL, SAMIKYA, KROSURU, KROSURU

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MANDAL, PALNADU DISTRICT.

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7.THE CLUSTER COORDINATOR, ANANTHAVARAM VILLAGE, OFFICE AT KROSURU, KROSURU MANDAL, PALNADU DISTRICT.

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8.THE PRASANTHI GRAMA SAMAIKYA SANGAM, REPRESENTED^BY ITS PRESIDENT, ANANTHAVARM VILLAGE ORGANISATION, ANANTHVARAM VILLAGE, KROSURU MANDAL PALNADU 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 topleased 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 Prasanthi Grama Samaikya^{ofAnanthavarm} Village, Krosuru Mandal, Palnadu 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 Vllage Organisation Assistant (VOA) in Prasanthi Grama Samaikya of Ananthavarm Village, Krosuru Mandal, Palnadu 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 pleased to direct the respondent Nos. 4 to 7 to ailow me to discharge my duties as Village Organisation Assistant (VOA) in Prasanthi Grama Samaikya of Ananthavarm Viliage, Krosuru Mandai, Palnadu District, pending disposal of the writ petition.

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Counsel for the Petitioner:

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NAGENDRA BABU PARAGATI

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Counsel for the Respondent(S):

1.GP FOR SERVICES IV

V ,

SRS,J W.P.No.21221of2024

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The Court made the following:

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:: ORDER ::

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This writ petition is filed complaining the interference of respondent Nos.4 to 7 and not allowing the petitioner to discharge her duty as Village Organization Assistant (VOA) of Prasanthi Grama Samaikya Sangam. Ananthavaram Village, Krosuru Mandal, Palnadu District, without issuing any notice.

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Heard learned counsel on either side.

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Learned counsel for the petitioner submits that the petitioner was nominated/elected as Village Organization Assistant by the members of the S'*" respondent society vide resolution dated 14.08.2019 (Ex.P2). The petitioner has been discharging his duties as Village Organization Assistant (VOA) of Prasanthi Grama Samaikya Sangam, Ananthavaram Village, Krosuru Mandal, Palnadu District. The petitioner's service was renewed by resolution dated 28.08.2024 (Ex.P1). Due to the change in Government, respondent Nos.4 to 7 are not allowing the petitioner to discharge her duties.

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Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for services, on oral instructions of Project Director, DRDA Palnadu District, would submit that the officials are not interfering^withthe activities of 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. 5. 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 bye-laws conforming to the principles of cooperation. The membership of the society shall be

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W.P.No.21221 of 2024

voluntary and without restrictions of any social, political,^{rationalorreligious} 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^theAct speaks about^the registration of the society and Section 5 prescribes^thatthe society^isa body corporate.

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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^{theGovernment} of 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 in terms of the 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 with the decisions 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 other circulars be issued at the district level. Circular dated 29.08.2019, will be in force till another circular 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 Principal Secretary,^SERPand the oral instructions of learned A.G.P., this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the respondents 4 to 7 not to interfere with the petitioner’s discharging duties as

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Village Organization Assistant (VOA) of Prasanthi Grama^{SamaikyaSangam,} Ananthavaram Village, Krosuru Mandal, Palnadu District.^Nocosts.

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

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Sd/- K. SRINIVASA RAJU //TRUE COPY// ASSISTANT REGISTRAR

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SECTION OFFICER

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The Principal Secretary, Panchayat Raj and Rural Development Department, State of AP, Secretariat, Velagapudi, Amaravati,^Guntur District.

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The District Collector - Cum - Executive Chairman,^{DistrictRural} Development Agency (DRDA), Palnadu District, Narasaraopet.

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The Chief Executive Officer, Society for Elimination of Rural Poverty (SERP), Department of Rural Development, 2"^^ floor,^NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada,^NTR District.

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