( 1 ) PETITIONERS are the elected Members of kolluru Gram Panchayat, Guntur District. They are questioning the validity of the notification issued by the District Collector (Panchayat Wing), Guntur in Roc. No. l4062/62/92-G8, dated 15-10-1994, deleting a part of area from Kolluru Gram Panchayat and forming a separate gram panchayat for yadavapalem village (named as "gopalapuram" ).

( 2 ) THE Collector, Guntur District issued ashow-cause notice dated 9-10-1994 to show cause why the hamlet "yadavapalem", comprising Survey Nos. 389 to 393 and 613 to 668 should not be excluded from the revenue Village of "kolluru" and formed into a separate Gram Panchayat. According to the petitioners, as per Section 3 (2) of A. P. Panchayat Raj Act, 1994 read with Rule 4 of the Rules framed in G. O. Ms. No. 364, panchayat Raj and Rural Development department, dated 10-7-1969 (which Rules are still in force since no rules are framed under the A. P. Panchayat Raj Act, 1994), any hamlet of a Revenue village, declared as a village under Rule 3 lying within a distance of five kilometers irrespective of its population and income, shall ordinarily be included in that village provided, the com