D. S. R. VARMA, J.

( 1 ) THIS Writ Petition is filed assailing g. O. Ms. No. 609 dated 15-11-1996 issued by the first respondent and the consequential order of the second respondent dated 22-11-1996.

( 2 ) THE brief facts giving rise to filing the writ Petition are that the villages Palasa, kasibugga, Mogilipadu, Chinabadam, anthrakudda and Thallabadra are Gram panchayats in Palasa Mandal. The petitioners are the residents of the said villages. While so, the second respondent issued show-cause notices dated 6-6-1995 calling upon the above Gram Panchayats to show-cause as to why the notification constituting the said Panchayats shall not be cancelled for purpose of constitution of nagar Panchayat viz. , Palasa-Kasibugga nagara Panchayat under A. P. Municipalities Act. The said show-cause notices were issued to the Special Officers/ executive Officers of the respective panchayats, Since no objections or suggestions have been received, the first respondent issued notification in g. O. Ms. No. 609 (Municipal Administration and Urban Development) Department dated 15-11-1996 merging the above mentioned six Gram Panchayats for the purpose of forming Talasa-Kasibugga nagara Panchayat , pursuant to which, the second respondent while exercising his powers under sub-section (2) (f) of Section 3 of A. P. Panchayat Raj Act (Act 13 of 1994) passed orders in Rc. No. 3830/85 dated 22-11-1996 cancelling the notification constituting the Gram Panchayats of Palasa mandal for purpose of constitution of palasa-Kasibugga Nagar Panchayat with the specified areas of six Gram Panchayats.

( 3 ) IN the counter-affidavit filed by the first respondent while explaining the circumstances under which the impugned g. O. was issued, it is stated that the government had originally proposed to constitute Palasa-Kasibugga Nagara panchayat through a Memo dated 9-5-1995 with the areas of Gram Panchayats cited supra. In this behalf notices were issued to the respective panchayats on 6-6-1995. In spite of notices being served on the executive Officers, no objections or suggestions whatsoever were offered from any of the six panchayats, resulting in issuance of the impugned G. O. and the consequential orders of the second respondent date 22-11-1996 which came into effect from the same dated exercising his powers under Section 3{2) (f) of the A. P. Panchayat Raj Act.

( 4 ) THE main contention of the learned counsel for the petitioners is that under the first proviso to Rule 9 of A. P. Gram panchayats (Declaration of Villages) Rules, 1994, a show-cause notice shall be issued to the Gram Panchayats indicating the proposal of inclusion and the objections of such Panchayats if any shall be considered, if it becomes necessary to take action under sub-section (2) of Section 3 of the Act, and further under proviso to Rule 9, it is imperative for the Executive Authority or special Officer to make a representation within a period of 10 days after taking into consideration the views expressed by the members of the Gram Sabha at a special meeting convened for that purpose. Therefore, according to him since no Gram sabha was convened by the Special Officer or the Executive Authority of the panchayats, it amounts to violation of statutory rules and no final decision by the authority can be taken.

( 5 ) IN this connection it is relevant to refer to sub-section (2) of Section 3 which is as follows:" (2) The Commissioner may, by notification and in accordance with such rules as may be prescribed in this behalf- (a) form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village; (b) increase the local area of any village; (c) diminish the local area of any village; (d) alter the boundaries of any village; (e) alter the name of any village; (f) cancel a notification issued under sub-section (1);"

( 6 ) THE above provision reveals that the power is conferred upon the Commission

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