IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3498 of 2011
SHAILENDRA RAUT .
Versus
THE STATE OF BIHAR & ORS .
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02. 25.02.2011 Heard learned counsel for the petitioner and
for the State.
The petitioner is an elected Mukhiya of
Sapansang Gram Panchayat, Block- Rahui, District-
Nalanda aggrieved by the order dated 10.2.2011,
under Section 18 (5) of the Bihar Panchayat Raj Act,
2006, (hereinafter referred to as the Act) passed by the
Principal Secretary, Department of Panchayati Raj,
unseating him from the post.
Learned counsel submits that there was one
solitary charge against the petitioner of a single wrong
appointment of an Anganwari Sewika as a member of
the selection committee, and not an individual act.
Reliance is placed upon a Bench decision of
this Court in 2010 (2) PLJR 533 (Sunita Devi Versus
The State of Bihar & Others) which in turn relies upon
AIR 2001 SUPREME COURT 2524 “Tarlochan Dev
Sharma v. State of Punjab” to hold that a single
alleged act could not be sufficient to unseat an elected
person by turming it as an abuse or misconduct.
The impugned order dated 10.02.2011 is
2
therefore set aside.
The writ application stands allowed.
The Court for like reasons as discussed in
the aforesaid cases sets aside the order dated
10.2.2011.
The writ application stands allowed.
P.K. ( Navin Sinha, J.)