Prakash Tatia, CJ .-Heard learned counsel for the parties.

2. The appellant is aggrieved against the order passed by the learned single Judge in WP(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.

3. 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 newphew 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