ANDHRA PRADESH HIGH COURT ISSUES ORDER ON NELAKUDITI NAGALAKSHMI V/S SRI S NAGALAKSHMI AND ORS

AMARAVATI, India, May 24 -- Andhra Pradesh High Court issued the following order on April 23:

1. The above contempt case was filed in November, 2024, complaining of violation of the order dated 11.09.2024 in I.A.No.1 of 2024 in W.P.No.19741 of 2024.

2. The petitioner filed the aforementioned writ petition to declare the action of respondents 2 to 6 in not allowing her to discharge duties as VOA of (Geeta Grama Sangham) Medikonduru Village, Medikonduru Mandal, Guntur District, without following due process of law, as illegal and arbitrary.

3. This Court passed an interim order on 11.09.2024 directing respondents 2 to 6 not to interfere with the petitioner's discharge of duties as VOA of (Geeta Grama Sangham) Medikonduru Village, Medikonduru Mandal, Guntur District, without following due process of law.

4. A counter affidavit was filed on behalf of respondent No. 3. It was contented, inter alia, that the members of Geeta Grama Sangham, by resolution dated 24.08.2024, removed the petitioner as VOA. Thereafter, the petitioner filed the above writ petition without disclosing the fact. The respondents did not violate the order.

5. Heard Sri Arun Showri, learned counsel for the petitioner, and Sri M. Haribabu learned counsel for the respondents.

6. Learned counsel for the petitioner would submit that an interim order was granted on 11.09.2024, and thereafter, the President of the society issued a memo dated 12.09.2024 to the petitioner, calling upon her to submit an explanation. The petitioner submitted an explanation on 23.09.2024. Learned counsel would further submit that the memo dated 12.09.2024 and the explanation dated 23.09.2024 would demonstrate that the petitioner continued as VOA. However, the respondents removed the petitioner as VOA by manipulating the records.

7. Per contra, learned counsel for the respondents would submit that the respondent officials have nothing to do with the election of VOA by the members of the society. He would further submit that the President of the society, or the concerned, in fact, communicate the resolution regarding the election of the VOA to the officials. Thereafter, the authorities update VOA's name on the portal. Disputes, if any, among the members, the petitioner has to approach the competent forum.

8. As pointed out supra, an interim order was passed on 11.09.2024. The memo was said to have been issued by the President of the Society on 12.09.2024, pursuant to which the petitioner submitted an explanation dated 23.09.2024. However, the same cannot be construed as the respondents violating the interim order. If the petitioner was removed as VOA by the other members of Geeta Grama Sangham, without following due procedure, the remedy to the petitioner, in the opinion of this Court, is before the other forum.

9. Insofar as the complaint of the petitioner vis-a-vis the violation of the order dated 11.09.2024 by the respondents is concerned, this Court does not find any violation in view of the aforementioned discussion and material available on record, as well as the resolution dated 24.08.2024. Hence, this contempt case is liable to be dismissed.

10. Accordingly, this contempt case is dismissed. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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