ORDER :

Rajesh Bindal, CJ.

1. The matter has been placed before this Court for consideration of the following questions of law, on account of doubt expressed by learned Single Judge on the view expressed earlier by a Single Judge of this Court in Writ-C No. 24902 of 2019 (Uday Pratap Singh @ Harikesh Vs. State of U.P. and others) decided on 30.09.2019:

“(1) Whether in view of the U.P. Panchayat Raj (Amendment) Rules, 1969 by which Chapter-XIII with the heading ''SURCHARGE' was inserted in the U.P. Panchayat Raj Rules, 1947 in exercise of powers under Section 110 by the State Government, which have been notified in the Gazette on 31.05.1969, the District Magistrate is the ''Prescribed Authority' for imposing surcharge on Pradhan, Up-Pradhan and Members under Section 27 (2) in terms of Section 2(q)(ii) of the U.P. Panchayat Raj Act, 1947 or not ?, and whether the District Pachayat Raj Officer is the Prescribed Authority for imposing surcharge upon the Officers or servants of the Gaon Sabha or not ?

(2) Whether the decision rendered by a Single Judge Bench in Writ-C No. 24902 of 2019; Uday Pratap Singh @ Harikesh Vs. State of U.P. and others and connected petitions on 30.09.2019 lays down