ALAMUNI HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant matter has been placed before this Larger Bench on reference being made by the learned Division Bench vide order dtd. 9/3/2018. The learned Single Judge had earlier vide order dtd. 19/8/2016 passed in W.P.(C) No.3164 of 2005 referred the matter to the learned Division Bench taking note of divergent views expressed by the learned Division Benches on the procedure for appointment of a Pradhan under the SPT Act, 1949.

(2.) In W.P.(C) No. 3164 of 2005 by the impugned order dtd. 5/4/2005, passed in Revenue Misc. Revision No. 137/1998-99 preferred by the 16 Anna raiyats of the Mouza and Revenue Misc. Revision No. 370/2000-01 preferred by private respondent no.5 herein, the Divisional Commissioner, Santhal Pargana Division has set aside the orders passed by the Sub Divisional Officer, Jamtara and upheld by Deputy Commissioner, Dumka appointing the petitioner Alamuni Hansda as Pradhan of village Saharberia, P.S. Bindapathar, Sub-Division Jamtara, District Dumka. Petitioner admittedly is the married daughter of the erstwhile Pradhan namely Maral Hansda and also his second wife Hopni Kisku, mother of the petitioner was also declared as Pradhan after death of Maral Hansda. The Divisional Commissioner, Santhal Pargana Division has held that in view of the serious dispute about the appointment of Pradhan by the raiyats of the Mouza, as per provisions contained in Schedule-V, Clause-1, the appointment of Headman should be made in accordance with village custom and before confirming any appointment Deputy Commissioner shall certify himself that the candidate is generally acceptable to the Raiyats. He accordingly directed initiation of a separate proceeding under Sec. 5 of the Santhal Pargana Tenancy Act (SPT Act hereinafter for short) as per the procedure of appointment of village Headman of Khas village, so that democratic institutions can be well maintained and the raiyats may decide their next village Pradhan.

(3.) The learned Single Judge framed two issues for consideration upon submission of the parties: