IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3498 of 2011 SHAILENDRA RAUT . Versus THE STATE OF BIHAR & ORS . ----------- 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.)