THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7546 of 2010 April 28, 2010 Between: M.Ramaiah … Petitioner And The State of A.P. & others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7546 of 2010 ORDER: Petitioner is Sarpanch of Cherukumudi Village. He is aggrieved by the entrustment of work under National Rural Employment Guarantee Scheme (NREGS) to fifth respondent, who was issued work commencement order by the third respondent. The petitioner’s case is that he was elected as Sarpanch of Cherukumudi Gram Panchayat. Under Mahathma Gandhi National Rural Employment Guarantee Act, 2005, works were taken up under NREGS and the District Collector sanctioned the work of laying road from Cherukumudi to Palli Harijanwada at an estimated cost of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousands only). Upa- Sarpanch, who is not competent to convene a meeting of Gram Panchayat under the Rules regarding Proceedings of Gram Panchayats and Committees thereof promolgomated by the Government vide G.O.Ms.No.227, Panchayat Raj Rural Development & Relief (Pts.II) Dept. dated 13.04.1995, illegally convened a meeting of Gram Panchayat on 04.03.2010 with six members and passed a resolution nominating the fifth respondent herein as Work Executive Member (WEM). On receiving the said resolution, the third respondent issued Work Commencement Order (WCO) on 06.03.2010. It is the further contention of the petitioner that resolution passed by the Gram Panchayat nominating the fifth respondent as WEM is illegal and, therefore, WCO issued by the third respondent in favour of the fifth respondent is illegal. This Court heard the counsel for the petitioner, Assistant Government Pleader for Panchayat Raj and Standing Counsel for Gram Panchayats. Indisputably, there is a resolution of Gram Panchayat dated 04.03.2010. Therefore, when the petitioner is aggrieved by the resolution of the Gram Panchayat his remedy is to approach the Government and seek cancellation of the resolution under Section 246 (1) of Andhra Pradesh Panchayat Raj Act, 1994 (the Act). It is admitted that the Executive Engineer, which is a technical Sanctioning Authority, is required to issue WCO only to such person nominated by Gram Panchayat. Until and unless, the resolution passed by the Gram Panchayat is cancelled by appropriate authority, the action of the third respondent cannot be faulted. The remedy for the petitioner, therefore, is to approach the Government under section 246 (1) of the Act and seek cancellation of the resolution. This writ petition is misconceived and the same is accordingly dismissed. ______________ (V.V.S. RAO, J) April 28, 2010 SUR