BABULAL HEMBRUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether a person who being in Government service is unable to live in the village can be appointed as the Village Headman (Pradhan) of that village under the provisions of the Santhal Parganas Tenancy (Supplemental Provisions) Act, 1949? This is the question that arises for consideration in this case.

(2.) The facts of the case are all admitted and are very brief. These can be stated thus. A certain Lumba Pawaria, the father of respondent No. 5 was the village headman of Mauza Jam Juri under Masalia police station in the district of Dumka. Following the death of Lumba Pawaria, his son Simon Pawaria, respondent No. 5 made an application for being appointed as the village headman in place of his deceased father. His application was based on his hereditary right recognised under the provisions of the Santhal Parganas (Supplemental Provisions) Act ('the Act' hereinafter).

(3.) A similar claim was raised by the petitioner. According to the petitioner's case, it was his grand father, namely, Churu Hembrum who was the village headman earlier. He died while his son, the father of the petitioner was still a minor. His widow was unable to take appropriate steps for her son being appointed the village headman under suitable Sarbrakhar and accordingly the village became Khas. It was only later on that the father of respondent No. 5 was appointed to the office of the village headman.