Andhra Pradesh High Court - Amravati
Madasu Prema Kumari vs The State Of Andhra Pradesh on 19 February, 2025
APHC010011322025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 2393/2025
Between:
1. MADASU PREMA KUMARI, W/O.LSSAC, AGED 39 YEARS, VILLAGE
ORGANIZATION ASSISTANT R/O.BANDIAMOTTU VILLAGE,
BOLLAPALLE MANDAL,PALNADU DISTRICT, ANDHRA PRADESH.
2. NARRA CHINNA VENKATA KOTAIAH,, S/O.PEDDA VENKATA
RATNAM, AGED 46 YEARS. VILLAGE ORGANIZATION ASSISTANT
R/O.MALAPADU VILLAGE,BOLLAPALLE MANDAL, PALNADU
DISTRICT,ANDHRA PRADESH.
3. GUMMA VENKATESWARLU, S/O.RAMAIAH, AGED 34
YEARS,VILLAGE ORGANIZATION ASSISTANT R/O.2-232,
RAVULAPURAM VILLAGE, BOLLAPALLE MANDAL, PALNADU
DISTRICT,ANDHRA PRADESH.
4. GANUPALLI RAJESH, S/O.NAGAIAH, AGED 29 YEARS,VILLAGE
ORGANIZATION ASSISTANT R/O.GARIKAPADU VILLAGE,
BOLLAPALLE MANDAL, PALNADU DISTRICT,ANDHRA PRADESH.
5. UIIIGADDALA THIRUPATHAMMA, W/O.GURU PRASAD, AGED 28
YEARS. VILLAGE ORGANIZATION ASSISTANT R/O.REMIDICHARLA
VILLAGE,BOLLAPALLE MANDAL, PALNADU DISTRICT,ANDHRA
PRADESH.
6. KOMMASANI USHA KURNARI, W/O.CHANDRA SEKHAR REDDY
AGED 31 YEARS. VILLAGE ORGANIZATION ASSISTANT
R/O.REMIDICHARLA VILLAGE,BOLLAPALLE MANDAL, PALNADU
DISTRICT,ANDHRA PRADESH.
2
7. .YALLALA MALLESWARI, W/O.VENKATESWARLU, AGED 46
YEARS. VILLAGE ORGANIZATION ASSISTANT
R/O.SANGINEEDUPALEM VILLAGE, BOLLAPALLE MANDAL,
PALNADU DISTRICT,ANDHRA PRADESH.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY RURAL DEVELOPMENT DEPARTMENT, A.P.
SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR AND EXECUTIVE CHAIRMANDRDA,
PALNADU DISTRICT, AT NARASARAOPETA, ANDHRA PRADESH
3. THE PROJECT DIRECTOR, DRDA (VELUGU) PALNADU DISTRICT,
AT NARASARAOPETA, ANDHRA PRADESH
4. THE ASSISTANT PROJECT MANAGER, DRDA
(VELUGU),BOLLAPALLE MANDAL, PALNADU DISTRICT AT
NARASARAOPETA, ANDHRA PRADESH.
5. THE MANDAL SAMAIKYA COMMUNITY, COORDINATOR,
BOLLAPALLE MANDAL, PALNADU DISTRICT AT
NARASARAOPETA, ANDHRA PRADESH
6. THE CLUSTER COORDINATOR, DRDA PODUPU MAHILA PATHAM
(VELUGU) BOLLAPALLE MANDAL, PALNADU DISTRICT AT
NARASARAOPETA,ANDHRA PRADESH.
7. NAVODAYA MUTUALLY AIDED COOPERATIVE, THRIFT VILLAGE
SOCIETY LTD.,BANDALA MOTTU VILLAGE, BOLLAPALLE
MANDAL,GUNTURDISTRICT (NOW PALNADU DISTRICT) REP BY
ITS PRISIDENT.
8. KRANTHI MUTUALLY AIDED COOPERATIVE THRIFT VILLAGE
SOCIETY LTD, .,MALAPADU VILLAGE, BOLLAPALLE
MANDAL,GUNTUR DISTRICT, (NOW PALNADU DISTRICT)REP BY
ITS PRISIDENT.
9. NAVODAYA MUTUALLY AIDED COOPERATIVE THRIFT VILLAGE
SOCIETY LTD, ,RAVULAPURAM VILLAGE, BOLLAPALLE
MANDAL,GUNTUR DISTRICT (NOW PALNADU DISTRICT) REP BY
3
ITS PRISIDENT.
10. GARIKAPADU MUTUALLY AIDED COOPERATIVE THRIFT VILLAGE
SOCIETY LTD, ,P.GARIKAPADU VILLAGE, BOLLAPALLE
MANDAL,GUNTUR DISTRICT (NOW PALNADU DISTRICT) REP BY
ITS PRISIDENT.
11. SRI ANJANEYA MUTUALLY AIDED COOPERATIVE THRIFT AND
CREDIT VILLAGE SOCIETY LTD, REMIDICHARLA VILLAGE,
BOLLAPALLE MANDAL, GUNTUR DISTRICT (NOW PALNADU
DISTRICT) REP BY ITS PRISIDENT.
12. VENKATESWARA MUTUALLY AIDED COOPERATIVE THRIFT AND
CREDIT VILLAGE SOCIETY LTD, REMIDICHARLA VILLAGE
BOLLAPALLE MANDAL,GUNTUR DISTRICT (NOW PALNADU
DISTRICT) REP BY ITS PRISIDENT.
13. SAGINEEDI PALEM MUTUALLY AIDED COOPERATIVE THRIFT
VILLAGE SOCIETY LTD, ,SANGINEEDIPALEM VILLAGE,
BOLLAPALLE MANDAL,GUNTUR DISTRICT (NOW PALNADU
DISTRICT) REP BY ITS PRISIDENT.
...RESPONDENT(S):
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 pleased to issue a writ, order or direction more particularly one in
the nature of a writ of Mandamus declaring the action of the respondents 2 to
6 herein in not allowing the petitioners to discharge their duties as Village
Organization Assistants (VOAs) of 1)Navodaya Mutually Aided Co-operative
Thrift Village Society Ltd., Bandla Mottu Village Bollapalle Mandal Palnadu
District. 2)Kranthi Mutually Aided Co-operative Thrift Village Society Ltd.,
Malapadu Village Bollapalle Mandal Palnadu District. 3)Navodaya Mutually
Aided Cooperative Thrift Village Society Ltd., Ravulapuram Village Bollapalle
Mandal Palnadu District. 4)Garikapadu Mutually Aided Co-operative Thrift
Village Society Ltd., P.Garikapadu Village Bollapalle Mandal Palnadu District.
5)Sri Anjaneya Mutually Aided Co-operative Thrift and Credit Village Society
Ltd., Remidicharla Village Bollapalle Mandal Aided Co-operative Palnadu
District. 6)Venkateswara Mutually Thrift and Credit Village Society Ltd.,
Remidicharla Village Bollapalle Mandal Palnadu District and 7)Sagineedi
Palem Mutually Aided Co operative Thrift Village Society Ltd.,
Sangineedipalem Village of Bollapalli Mandal Palnadu District Andhra
Pradesh as arbitrary, illegal, colorable exercise of Power and misusage of
4
powers and violation of Art. 16 and 21 of the Constitution of India and apart
from violation of principles of natural justice and consequently direct the
respondents 2 to 6 not to interfere in the affairs of the petitioners and continue
their duties as Village Organization Assistants (VOAs) and pass
IA NO: 1 OF 2025
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 respondents 2 to 6 herein in not allowing the petitioners to discharge
their duties as Village Organization Assistants (VOAs) of 1)Navodaya Mutually
Aided Co-operative Thrift Village Society Ltd., Bandla Mottu Village Bollapalle
Mandal Palnadu District. 2)Kranthi Mutually Aided Co-operative Thrift Village
Society Ltd., Malapadu Village Bollapalle Mandal Palnadu District.
3)Navodaya Mutually Aided Cooperative Thrift Village Society Ltd.,
Ravulapuram Village Bollapalle Mandal Palnadu District. 4)Garikapadu
Mutually Aided Co-operative Thrift Village Society- Ltd., P.Garikapadu Village
Bollapalle Mandal Palnadu District. 5)Sri Anjaneya Mutually Aided Co-
operative Thrift & Credit Village Society Ltd., Remidicharla Village Bollapalle
Mandal Palnadu District. 6)Venkateswara Mutually aided co-oparative Thrift
& Credit Village Society Ltd., Remidicharla Village Bollapalle Mandal Palnadu
District and 7)Sagineedi Palem Mutually Aided Co operative Thrift Village
Society Ltd., Sangineedipalem Village of Bollapalli Mandal Palnadu District
and not to interfere in the affairs of the petitioners by continue their duties as
Village Organization Assistants (VOAs) pending disposal of the above writ
petition and pass
Counsel for the Petitioner(S):
1. D KODANDARAMI REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following:
::ORDER::
Heard Sri Vijay Bhaskar, learned counsel representing Sri D.Kodandarami Reddy, learned counsel for the petitioners, Sri Haribabu, learned Standing counsel appearing for respondents 2 to 6 and Sri S.Raju, 5 learned Assistant Government Pleader for Services appearing for 1st respondent.
2. The petitioners filed the above writ petition complaining about the highhanded action of respondents 2 to 6 in not allowing them to discharge the duties as Village Organization Assistants of respondents 7 to 13 societies respectively. In para-3 of the affidavit, it was pleaded that the 1st petitioner was reelected as VOA by the members of the 7th respondent society in a meeting held on 07.02.2023. The 2nd petitioner was reelected as VOA by the members of the 8th respondent society in a meeting held on 08.02.2023. The 3rd petitioner was reelected as VOA by the members of the 9th respondent society in a meeting held on 02.03.2023. The 4th petitioner was reelected as VOA by the members of the 10th respondent society in a meeting held on 03.04.2023. The 5th petitioner was reelected as VOA by the members of the 11th respondent society in a meeting held on 20.10.2023. The 6th petitioner was reelected as VOA by the members of the 12th respondent society in a meeting held on 14.02.2023. The 7th petitioner was reelected as VOA by the members of the 13th respondent society in a meeting held on 14.02.2023. It was further awarded that all the petitioners were reelected for a term of three years. Respondents 2 to 6 are interfering in discharging their duties from September, 2024 and insisting on the handover of the records of Village Organization Assistants.
3. The said writ petition was listed on 03.02.2025, 10.02.2025 and thereafter 17.02.2025. On 17.02.2025, the learned Standing counsel appearing for respondents 2 to 6 submitted instructions for the 6th respondent. As seen from the instructions of the 6th respondent, in respect of the 7th respondent society, Ms K.Gowthami was elected as VOA by the members of society on 27.06.2024 and thereafter her name was updated in SERP portal. Likewise, Ms Y.Prasanna Kumari was elected as VOA in respect of 8th respondent society on 28.08.2024; Ms K Venkata Ramana was elected as VOA in respect of 9th respondent society on 15.07.2024; Ms Swarna Vasantha 6 was elected as VOA in respect of 10th respondent society on 18.10.2024; Ms Y.Sri Lakshmi was elected as VOA in respect of 11th respondent society on 01.08.2024; Ms Anuku Nagalakshmi was elected as VOA in respect of 12th respondent society on 19.08.2024 and Ms Verlamalla Venkata Siva Parvathi was elected as VOA in respect of 13th respondent society on 06.07.2024 and the names of the elected VOAs were updated in the SERP portal. The instructions would further disclose that the petitioners are no longer VOAs of the respective societies.
4. The Societies where the petitioners have been discharging duties, as VOAs, are 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 Society 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 societies, 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, termination, method of payment, duties and obligations. One of those circulars is circular No.64-/SERP/IB/2018 dated 26.11.2018. Thereafter another 7 Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by the Principal Secretary, SERP.
6. 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 and duties of VOA etc., are within the purview of the members of the Society; that the duties and responsibilities of the Staff of the Village Organization are described 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.
7. 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)
8. 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 Sangamithra/ VOA/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.
9. The above writ petition was filed on 07.01.2025. By the date of filing of the writ petition, according to the instructions, that are passed on the learned 8 counsel for the petitioners, none of the petitioners have been discharging as VOAs in the respective societies.
10. The learned counsel for the petitioners contends that the petitioners were not removed by the members of the society by following the procedure circular memo, in the opinion of this Court being a disputed question of fact this Court will not adjudicate this issue while exercising the jurisdiction under Article 226 of Constitution of India.
11. If the petitioners have been removed without following due process by the members of the respective societies, the petitioners have to approach the appropriate forum but not this Court by filing the writ petition under Article 226 of the Constitution of India. In fact, the prayer in the writ petition is to direct the official respondents not to interfere, in the facts of this case, is misconceived.
12. Given the facts and circumstances of the case, since the petitioners were removed as VOAs of respective societies, and were replaced by other members of the respective societies, the prayer of the writ petition is misconceived, and the writ petition stands dismissed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Dated: 19.02.2025 SNI 9 396 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2393 OF 2025 Dated: 19.02.2025 SNI