THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8217 of 2010 Dated:15.04.2010 Between: T.Ramanjappa. …Petitioner and The Government of Andhra Pradesh, Rep.by its Prl.Secretary, Panchayat Raj Department, Secretariat Building, Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8217 of 2010 ORDER: The petitioner is a Sarpanch of Santhebidanur Village of Hindupur Mandal in Ananthapur District. The District Collector sanctioned the work under the National Rural Employment Guarantee Scheme (NREGS). As per various Government Orders the Gram Panchayat is required to pass a resolution nominating the Convener for executing the work. The petitioner alleges that respondent No.4, namely, the Panchayat Secretary, without his authorization convened the meeting on 10.03.2010, got a resolution passed by the members of the Gram Panchayat nominating respondent No.5, who is a Ward Member, for execution of the work. Aggrieved by the same, the petitioner sent a complaint on 12.03.2010 to respondent No.3, and to the District Collector on 22.03.2010, in vain. Therefore, he filed the instant writ petition seeking a direction to declare the action of respondent Nos.2 and 3 in not considering the representation as illegal and arbitrary and for a consequential direction to set aside the resolution dated 10.03.2010. This Court heard the Counsel for the petitioner and the Government Pleader for Panchayat Raj. Section 246 of the Andhra Pradesh Panchayat Raj Act, 1994 (the Act), deals with powers of the Government to cancel or suspend a resolution of Gram Panchayat if in the opinion of the Gram Panchayat such resolution is not legally passed, is in excess or abuse of the powers conferred under the Act or its execution is likely to cause danger to human life, health or safety. In this case the petitioner alleges that the Gram Panchayat resolution at the instance of respondent No.4 is not legally passed. According to him unless and until the Sarpanch orders, the Panchayat Secretary cannot convene the meeting of the Gram Panchayat. Be that as it is, in view of Section 246 of the Act, ignoring the same, this Court cannot issue mandamus canceling the resolution. The petitioner has to pursue the remedy elsewhere. Insofar as the complaints given by him to respondent Nos.2 and 3 are concerned, they are pending, and the petitioner is given liberty to personally approach respondent No.3 with a copy of this order for seeking redressal in the matter of execution of works under NREGS allotted to the petitioner’s Village. The Writ Petition is disposed of accordingly. _____________ (V.V.S.RAO, J) 15.04.2010 Note: Issue C.C by 19.04.2010. B/o. vs