ORDER :

1. Aggrieved by the unequal distribution of funds released by the Central Government under the 14th Financial Scheme for developmental works of the Corporation, these petitions are filed by the elected Corporators of different wards of the City Corporation of

Vijayapur for the following reliefs:

“(i) Quash the Action Plan dated 18.07.2018 in file No.GNK/14NHAFM/TR/2018-19, approved by the respondent No.2 herein, the copy of which is at AnnexureB:

“(ii) Quash the tender notification dated 23.07.2018, in file No.MNPV/LE/14th FF/GVG/TP/201819, issued by the Executive Engineer, City Corporation, Vijayapura, the respondent No.6, the certified copy of which is at Annexure F;

(iii) Quash the Corrigendum dated 03.08.2018 in file No.MNPV/LE/14th FF/GVG/TP/201819, issued by the respondent No.6, the certified copy of which is at

AnnexureF1;

(vi) Issue a writ of mandamus, directing the respondents No.2 to 4 & 6 herein to redo the action plan by allocating the funds of the State equally and scientifically for developmental work of different Ward of city Vijayapura, within a time frame to be fixed by this Hon’ble Court, in the interest of justice.

(v) Issue any other appropriate writ, order or direction as this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice.”

2. Petitioners are the elected Corporators from different wards of the City Corporation, Vijayapur. Respondent No.5 was elected as Mayor of the City Corporation, Vijayapur in the month of July 2017 for a period of one year up to the end of July 2018. The grievance of the petitioners is that respondent No.1 State of Karnataka has allocated funds to the extent of Rs.14 Crores in favour of respondent No.3Croporation for the financial year 201718 for the purpose of developmental works to be taken up in different wards of the City Corporation. Though respondent Nos.3 to 5 had knowledge that the term of respondent No.5 as Mayor would end by July 2018, respondent No.3 hastily and dishonestly prepared an incorrect and irrational action plan showing unequal and absurd allocation of funds only for few chosen wards.

3. It is alleged in the petition that in the meeting held on 07.07.2018, concern was raised by the petitioners and objections were made for unequal allocation of funds in favour of only few wards and a request was made not to prepare the action plan. It is alleged that in spite of the objections raised by the petitioners, respondent Nos.3 to 5 stealthily prepared a false action plan and based on the said action plan (Annexure – B) with ulterior motive and on extraneous consideration, tender notifications were issued as per Annexures – F and F1. Contending that the tender notifications issued by the respondents are contrary to the provisions of the Karnataka Municipal Corporation Act and the allocation of the funds has been made only to the chosen wards illegally and unequally with an ulterior motive and extraneous consideration, the petitioners have sought to quash the impugned action plan Annexure – B and the tender notifications Annexures F and F1 being violative of Article 14 of the Constitution of India and being contrary to the provisions of the Karnataka Municipal Corporation Act.

4. Respondent No.3 has filed statement of objections inter alia contending that the petitioners are not entitled for any relief sought for in the writ petitions and the writ petitions are not maintainable as the petitioners have no locus standi to file the above captioned writ petitions. It is contended that the decision taken in the meeting was approved by the Deputy Commissioner and the petitioners though had raised objections for allocating the funds to certain wards, yet, the decision having been taken based on majority view, the petitioners have no locus standi to maintain the petitions.

5. It is further contended that the funds released by the Government and generated by respondent No.3 are equally distributed to all the wards part wise in