RAJ KUMAR
Ranchi, Feb 22: The Jharkhand High Court today supported the petition of Almuni Hansda challenging the order of the Santhal Pargana commissioner holding the hereditary appointment of a tribal chief in the Santhal Pargana region wrong.
The commissioner while holding the hereditary appointment wrong observed that raiyat’s permission is required for the appointment of Pradhan as presently constitution of India is applicable in the whole country and in such a situation hereditary appointment is against the basic spirit of the constitution
A constitution bench comprising Justice Apresh Kumar Singh, Justice Ratnakar Bhengra and Justice Anil Kumar Choudhary did not favoured the order observing that sections 5 and 6 of the Santhal Pargana Tenancy Act (SPT Act) clearly mentions that both son and daughter can be appointed as Pradhan. The court declared the appointment of a hereditary head in the Santal Parganas region as valid and has been described as compatible with the provisions of the Santal Parganas Act.
The court had reserved its opinion in the matter on February 3 after hearing the argument of all sides. After giving its opinion the court referred the matter before the single bench for an appropriate order in the matter.
Hansda, whose appointment as village Head was termed wrong after the death of her father Maral Hansda in 2005, had filed a petition in the single bench, which transferred it to a larger bench for deciding the merit of the case.
The larger bench had appointed advocate Indrajit Sinha as amicus curiae in the matter. During the hearing, amicus curiae Indrajit Sinha told the court that according to the law, the appointment of Pradhan is hereditary. It does not require the permission of any tenant.
