SOGEN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The appellant is aggrieved against the order passed by the learned Single Judge in W.P. (C) No. 3416 of 2003, by which the writ petition preferred by the respondent no. 4 Smt. Devimai Murmu has been allowed and the order passed by the Commissioner (Annexure -6) appointing appellant as Gram Pradhan has been set aside.

(2.) THE brief facts of the case are that one Doman Murmu was the Gram Pradhan (Headman) of the village Bichpahar falling in the district of Pakur. He died leaving behind four daughters and as per the admitted fact, Doman Murmu brought in his house Sanatan Tudu as 'Gharjamai ' ("Gharjamai Marriage" is customary marriage in Santhal Tribe wherein Bridegroom is brought in the house of wife in place of giving of bride in the house of husband.) After the death of Doman Murmu, the wife of said Gharjamai Sanatan Tudu, Smt. Devimai, who is daughter of Doman Murmu, applied for the post of Gram Pradhan whereas the appellant Sogen Murmu applied for the same post on the plea that he is nephew of Doman Murmu and since there is no other male heir/eligible heir of Doman Murmu to succeed to the post of Gram Pradhan, he is entitled to the post of Gram Pradhan. It is pertinent to mention here that Gharjamai - Sanatan Tudu, who came in the house of Doman Murmu as Gharjamai, did not apply for the post as well as the other daughters also did not apply for the post of Gram Pradhan.

(3.) IN exercise of power conferred by clause (i) and (ii) of sub -section (2) of Section 71 of the Act of 1949, the Rules also have been framed, which are known as Santhal Parganas Tenancy (Supplementary) Rules, 1951 . Rule -3 provides procedure for ascertaining the consent of jamabandi raiyats and appointment of Headman under section 5. Sub -rule (1) of Rule 3 says that on receipt of an application from a raiyat or a landlord under section 5, the Deputy Commissioner shall issue notice to the jamabandi raiyats of the village and to the landlord in Form A. Sub -rule (2) of the Rule 3 provides for obtaining consent of at least two thirds of the persons recorded as jamabandi raiyats of the village, which shall be ascertained by the Deputy Commissioner by show of hands. Sub -rule (5) of Rule 3 provides for making appointment of Headman under Section 5 or Section 6 i.e., Headman for the khas village or under Section 6 i.e., Headman for the villages which are not the khas village, the Deputy Commissioner shall follow the procedure prescribed in Schedule V except where these rules, expressly or by necessary implication, provide otherwise. Schedule V provides that Headman must be a resident of the village and his permanent home must be within one mile of the village.