Gosala Syamala v. The State of Andhra Pradesh

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 a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos. 5 and 6 instructions not to attend the duties of the petitioners as Village Organizer Assistant (VOA) of 7th and 8th respondent societies without issuing any notice or order is illegal, arbitrary and violative of principles of natural justice and violative consequently direct the Respondent Nos. 5 and 6 not to interfere with the duties of 1) the 1st petitioner as VOA of V.Pampadipeta Women Village Organization Limited V.Pampadipeta Village Village, Thondangi Mandal, Kakinada District, 2) the 2nd petitioner as Narsipeta Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd., Narsipeta, Thondangi Mandal, Kakinada District. of the Constitution Cooperative 14 and 21 of Articles Mutually Society Aided of India Thrift 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 may be pleased to direct the Respondent Nos. 5 and 6 not to 1) the 1st petitioner as VOA of V.Pampadipeta interfere with the duties of, Women Village Organization Mutually Aided Cooperative Thrift Limited, V.Pampadipeta Village Village, Thondangi Mandal, Kakinada Society f District, 2) the 2nd petitioner as Narsipeta Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd., Narsipeta, Thondangi Mandal, Kakinada 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 APHC010466672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331] (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24009/2024 Between:

1.GOSALA SYAMALA, D/0 APPARAO, AGED 33 YEARS, VILLAGE ORGANIZATION ASSISTANT, THONDANGI MANDAL, KAKINADA DISTRICT. A.P R/0 V PAMPADIPETA VILLAGE,

2.CHOKKA LALITHA,, D/0 ANNAVARARH, AGED 26 YEARS. VILLAGE ORGANIZATION ASSISTANT R/0 NARSIPETA VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT. A.P ...PETITIONER(S) AND

1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, NELAPADU, THULLURU MANDAL. GUNTUR DISTRICT.

2.THE DISTRICT COLLECTORCUMEXECUTIVE CHAIRMAN, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), KAKINADA DISTRICT.

3.THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR ELIMINATION OF RURAL (SERP), POVERTY DEVELOPMENT, 2ND FLOOR, DEPARTMENT OF RURAL NTR ADMINISTRATIVE BLOCK, 'S- 2 PANDIT NEHRU BUS STATION, VIJAYAWADA, NRT DISTRICT.

4.THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY KAKINADA DISTRICT ANDHRA PRADESH.

5.THE ASSISTANT PROJECT MANAGER, DISTRICT RURAL DEVELOPMENT AGENCY, THONDANGI MANDAL, KAKINADA DISTRICT.

6.THE CLUSTER COORDINATOR, DISTRICT RURAL DEVELOPMENT AGENCY, THONDANGI MANDAL, KAKINADA DISTRICT.

7.V PAMPADIPETA WOMEN VILLAGE ORGANIZATION, MUTUALLY AIDED COOPERATIVE THRIFT SOCIETY LTD., V PAMPADIPETA REP.BY ITS PRESIDENT GOSALA CHANDRAVATI, V.PAMPADIPETA VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT.

8.NARSIPETA VILLAGE ORGANIZATION, MUTUALLY AIDED COOP. THRIFT AND CREDIT SOCIETY LTD., NARSIPETA REP.BY ITS PRESIDENT PIKKI ARUNA, NARSIPETA VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT. ...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 issue a writ, order or orders more particularly one in the nature of Respondent Nos. 5 and 6 in writ of Mandamus declaring the action of the interfering with the duties of the petitioners by giving oral instructions not to attend the duties of the petitioners as Village Organizer Assistant (VOA) of 7th and 8th respondent societies without issuing any notice or order is illegal, natural justice and violative of Articles arbitrary and violative of principles of and consequently direct the India 14 and 21 Respondent Nos. 5 and 6 not to interfere with the duties of 1) the 1st petitioner as VOA of V.Pampadipeta Women Village Organization Mutually V.Pampadipeta Village Village, Aided Cooperative Thrift Society Limited, 2nd petitioner as Narsipeta Thondangi Mandal, Kakinada District, 2) the Constitution of the 3 Village Organization Mutually Aided Coop. Thrift Narsipeta, Thondangi Mandal, Kakinada District and to pass and Credit Society Ltd., lANO: 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, 1) the petitioner as VOA of V.Pampadipeta Women Village Organization 1st Aided Cooperative Thrift Society Limited, V.Pampadipeta Village Mutually Village, 2) the 2nd petitioner as Thondangi Mandal, Kakinada District, Narsipeta Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd., Narsipeta, Thondangi Mandal, Kakinada District pending disposal of the above writ petition and to pass Counsel for the Petitioner(S):

1.YADAVALLI RAMESH Counsel for the Respondent(S):

1.GP FOR SERVICES The Court made the following ORDER: Heard Sri Y.Ramesh, learned counsel for the petitioners and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for the respondents.

2. Learned counsel for the petitioners would submit that by virtue resolution dated 09.06.2014 (Ex.P.2), the petitioner was elected as VOA of 7^^ respondent Society, and the 2"^ petitioner was elected as VOA of 8 respondent Society by virtue of resolution dated 15.12.2019 (Ex.P.7) of Thondangi Mandal, Kakinada District. The petitioners’ services were renewed and have been discharging their duties without any remarks till date. To establish the same, petitioners filed their service certificates vide Exs.P.3 & 4 P.8 respectively. However, the respondents 5 and 6 are interfering with the petitioners’ discharging duties.

3. Learned Assistant Government Pleader Services, instructions would submit that the officials of official respondent are not interfering with the discharging duties of the petitioners as VOAs given the Circular No.64-7/SERP/IB/2019

29.08.2019 issued 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 Elimination Rural Poverty, Department of Rural Development, State of Andhra Pradesh, represented 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 5 of Village Organization Assistants, qualifications, procedure for selection, termination, method of payment, duties and obligations. One of those circulars circular No.64-/SERP/IB/2018

26.11.2018. Thereafter, another Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by 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 VGA 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; staff members of the Village Organization are answerable accountable Village Organization 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 responsibilities SangamitraA/0A/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 6 circulars be issued at the district level. Circular dated 29.08.2019, will be in force till another circular is issued. circular, aforementioned Thus,

9. appointment/selection of VOA and their discharge of duties, the official respondents are nothing to do with that procedure. The members of the Society got the right either to elect/appoint or removal of VOA. If any VOA is removed by a resolution of the Society, the remedy of that individual is in a different forum but not a writ petition. The aforementioned circular issued by the Principal Secretary commands no interference of the officials with the society’s decision-making process except to facilitate.

10. The instructions of the learned Assistant Government pleader would manifest that the officials are not interfering. Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force to date.

11. Since the averment was made in the affidavit, that official respondents interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader, is passing the following order.

12. 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 for Services, this Writ Petition is disposed of at the admission stage, with the consent of the learned counsel on either side, directing the respondents 5 and 6 not to interfere with the petitioners’ discharging duties as VOAs of respondents 7 & 8 Societies respectively, Thondangi Mandal, Kakinada District. However, this 7 order will not preclude the respondent authorities from acting as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. //TRUE COPY// SDl- K. TATA RAO DEPUTY REGISTRAR ^^SEC^^N OFFICER To

1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Nelapadu, Thulluru Mandal, Guntur District.

2. The District Collector-cum-Executive Chairman, District Rural Development Agency (DRDA), Kakinada District.

3. The Chief Executive Officer, Society for Elimination of Rural Poverty NTR Pandit Nehru Bus Station, Vijayawada, NRT Department Block, Development, Floor, Rural 2nd (SERP), Administrative District.

4. The Project Director, District Rural Development Agency Kakinada District Andhra Pradesh.

5. The Assistant Project Manager, District Rural Development Agency, Thondangi Mandal, Kakinada District.

6. The Cluster Co-Ordinator, District Rural Development Agency, Thondangi Mandal, Kakinada District.

7. V. Pampadipeta Women Village Aided Cooperative Thrift Society Ltd., V Pampadipeta Rep.by its President Mandal, Gosala Kakinada District. V.Pampadipeta Organization, Chandravati, Thondangi Mutually Village,

8. Narsipeta Village Organization, Mutually Aided Coop. Thrift and Credit Society Ltd., Narsipeta Rep.by its President Pikki Aruna, Narsipeta Village, Thondangi Mandal, Kakinada District.

9. One CC to Sri Yadavalli Ramesh Advocate [OPUO

10. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT]

11. Three CD Copies TF HIGH COURT r'OATE 0:23/10/2024 \ \ \ ORDER WP.No.24009 of 2024 DISPOSING OF THE W.P. AT THE ADMISSION STAGE, WITHOUT COSTS