JUDGMENT :

Yashwant Varma, J.

This batch of writ petitions raises the question of the jurisdiction of the District Magistrate to pass orders of surcharge as envisaged under Section 27 of the Uttar Pradesh Panchayat Raj Act 1947 ["the Act"]. The principal contention which has been addressed is to the lack of jurisdiction inhering in the District Magistrate to exercise powers comprised in the aforementioned provision. Additionally it has been urged that the impugned orders imposing surcharge upon the petitioners have been passed in clear violation of Chapter XIII of the Uttar Pradesh Panchayat Raj Rules 1947 [hereinafter for the sake of brevity to be referred to as "the Rules"] and more particularly Rules 256-259 as comprised in that Chapter.

2. Bearing in mind the fact that the issue was being raised in repeated petitions, the Court had called upon the State respondents to file affidavits. The matter then again arose in the leading writ petition in which the learned Chief Standing Counsel was directed to obtain instructions and address submissions. On 20 August 2019, this Court pas