1. Heard Mr. T. Son, learned counsel for the petitioners. Also heard Mr. R.H. Nabam, learned Senior Government Advocate, appearing for State respondent Nos. 1-6 and Mr. Tony Pertin, learned counsel appearing for private respondent Nos. 7 and 8.

2. This application has been filed under article 226 of the Constitution of India questioning the action taken by the respondent-authorities towards implementation of schemes under Border Area Development Programme ('BADP'). The instant petitioners are permanent residents of Chayang Tajo in the District of East Kameng, Arunachal Pradesh, and they are elected members of Zilla Parishad/Anchal Samity of Chayang Tajo. Amongst them, the petitioner No. 1 is the Chairperson of Zilla Parishad as well as the Chairman of District Planning Committee ('DPC') constituted for implementation of BADP in the District of East Kameng. The petitioner No. 2 is a lady Zilla Parishad Member of Sawa Circle which is situated in the remotest part of East Kameng District. The present petitioners, are, therefore, concerned with the implementation of the above schemes as well as the development of areas bordering China. The District Planning Officer ('DPO') of East Kameng District, by his letter dated 5.3.2010 directed the Block Development Officer (DDO), CD Block, Chayang Tajo, to prepare and submit estimate under BADP for the year 2009-10. Accordingly, as many as 29 schemes were listed for the year 2009-10 for which necessary funds have been earmarked and approved by the State Government. A meeting of the BADP Scheme was held on 14.3.2010 in the office chamber of EDO, Chayang Tajo, under the chairmanship of Sri Pama Bagang, EDO, Chayang Tajo, wherein, the members of the local Panchayat Raj Institutions (PRIs), after a threadbare discussion, unanimously decided that the Zilla Parishad Members of Chayang Tajo and Sawa Circle would provide and forward the names of eligible contractors in consultation with other PRIs to the EDO, Chayang Tajo, for distribution of works. In compliance to the aforesaid decision, the Chairperson of East Kameng Zilla Parishad, Seppa, submitted the names of eligible contractors for both DADP-9-Chayang Tajo and BADP-4-Sawa Circle before the EDO concerned on 16.3.2010 and 15.3.2010 respectively. In the mean time, administrative approval and expenditure sanction was accorded by the Deputy Commissioner, East, Kameng District, Seppa, vide his order dated 22.3.2010, for the BADP schemes. Accordingly, works under the aforesaid BADP schemes were allotted and distributed by the EDO, Chayang Tajo. The said BDO with the help of technical staff from the Rural Engineering Department, who were posted under his disposal, prepared the estimates and submitted the project profiles. The BDO, Chayang Tajo, was the sole executing agency for execution of BADP schemes. In violation of standing guidelines of 2008, Issued by the central government, the respondent DPO, East Kameng District, Seppa, requested the Executive Engineer, RWD, Seppa Division, to execute the works under BADP, as executing agency, vide his letter dated 6.4.2010 (Annexure 4 to the writ petition). By the time, the aforesaid letter dated 6.4.2010 was issued, the contractors who were selected by the PRIs and were allotted works, have almost executed the works and they were due for payment of bills. The aforesaid contractors have been denied payment of their bills due to sudden change in the executing agency. The said change in the executing agency has been made suddenly at the instance and behest of private respondent Nos. 7 and 8 to serve their personal interests and thereby, affected the public interest in the matter of implementation of BADP schemes. The petitioners, being the public representatives, have demanded, relief(s) as under :

(i) Not to alter/modify and change the order dated 5.3.2010 whereby the EDO concerned was made the project executing agency, to implement BADP schemes for the year 2009-10.

(ii) To revoke/cancel/set aside and quas

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