Amareshwar Sahay, J.-Heard the parties and with their consent, this writ application is being disposed of finally at this stage itself.

2. In the present writ petition, the petitioner has prayed for quashing of the order contained in Annexure-6, the Order dated 20.5.2003, passed by the Divisional Commissioner, Santhal Pargana Division, Dumka in R.MA Case No. 14 of 2002-03 allowing the Second Appeal filed by the Respondent No. 4 herein, namely Sogen Murmu and setting aside the Order passed by the Deputy Commissioner, Pakur contained in Annexure-5 and thereby affirming the Order dated 29.9.2001 passed by the Sub-Divisional Officer, Pakur contained in Annexure-4, whereby, the Sub-Divisional Officer appointed the Respondent No. 4 Sogen Murmu as Village Head ("Gram Pradhan") of Village-Bichpahar situated within the P.S.-Pakuria of District-Pakur after rejecting the application of the petitioner for her appointment as "Gram Pradhan". The petitioner has also made a prayer in this writ petition to quash the Order of the Sub-Divisional Officer contained in Annexure-4.

3. The facts in brief giving rise to this application are as follows:- .

The father of the petitioner namely Doman Murmu was admittedly the "Gram Pradhan" of Village-Bichpahar in the District of Pakur. Since he was not keeping good health because of his old' age, he made an application before the Sub Divisional Officer, Pakur for appointing his eldest daughter i.e. the petitioner herein, as "Gram Pradhan" of village Bichpahar. Admittedly, the said "Gram Pradhan" Doman Murmu had no male issue and had only five daughters, amongst them, the petitioner was the eldest.

By Order dated 26.7.1995, the Sub-Divisional Officer, appointed the petitioner as 'Acting Pradhan' of Village-Bichpahar during the lifetime of the father of the petitioner and since thereafter, she started discharging her duties as "Gram Pradhan".

4. Admittedly, during the lifetime of her father, the petitioner, got married with one Sonatan Tudu in "Ghar Jamai' form of marriage prevalent amongst Santhal Tribe. After the said marriage, the husband of the petitioner Sonatan Tudu became "Ghar Jamai" and he started living in the house of his father-in-law with the petitioner.

5. Subsequently, on 13.3.1998, the father of the petitioner, Doman Murmu who was the "Gram Pradhan" died and then the petitioner made an application before the Sub-Divisional Officer, Pakur, requesting him to appoint her as a Village Head ("Gram Pradhan") in place of her father. As it appears, the Respondent No.4 Sogen Murmu who is the cousin of the petitioner i.e. nephew of her father Doman Murmu, also applied before the Sub-Divisional Officer for being appointed as a "Gram Pradhan".

6. The Sub-Divisional Officer, by his Order dated 29.9.2001, as contained in Annexure-4, rejected the application of the petitioner for being appointed as "Gram Pradhan" holding that 16 Aana Raiyats of the village were objecting to her appointment and there was no consensus of 16 Aana Raiyats in favour of the petitioner whereas, the consensus of the 16 Aana Raiyats was in favour of the Respondent No.4 Sogen Murmu who was the nephew of Ex-Village Pradhan and thereby, the S.D.O. passed an order on 29.9.2001 appointing respondent no. 4 Sogen Murmu as the Pradhan of Village-Bichpahar.

7. Being aggrieved by the aforesaid Order of the Sub Divisional Officer dated 29.9.2001, the petitioner preferred an appeal before the Deputy Commissioner, Pakur who, vide his Order as contained in Annexure-5 dated 12.9.2002, set aside the Order passed by the Sub-Divisional Officer i.e. Annexure-4.

8. The Respondent No. 4 thereafter preferred Second Appeal under the provisions of Section 58 of the Santhal Pargana Tenancy Act, before the Divisional Commissioner, Santhal Pargana, Dumka. The learned Commissioner, by the impugned Order dated 20.5.2003, as contained in Annexure-6, set aside the Order of the Deputy Commissioner and affirmed the Order passed by the Sub-Divisional Magistrate da