JUDGMENT :

Aparesh Kumar Singh, J.

The instant matter has been placed before this Larger Bench on reference being made by the learned Division Bench vide order dated 9th March 2018. The learned Single Judge had earlier vide order dated 19th August 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 dated 5th April 2005, passed in Revenue Misc. Revision No. 137/1998-99 preferred by the 16 Anna raiyats of the Mouza and Revenue Misc. Revision No. 370/2000-2001 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