SHEAPUJAN BHAGAT versus THAKUR HEMBROM AND ORS.

SHEAPUJAN BHAGAT versus THAKUR HEMBROM AND ORS.

When the headman has resigned and not died, hereditary succession does not arise; election must be conducted as per Section 5 of the Act. A person not from the same village is not eligible for headmanship.

Source-derived case information.

Parties
Appellant: Sheapuijan Bhagat; Respondent: Thakur Hembrom; Respondents: Others
Jurisdiction
India
Judgment Date
07 November 1996
Procedural Posture
Civil Appeal / Appeal Disposed of by Supreme Court
Outcome
Appeal disposed of
Legal Topics
Appointment of Village Headman, Hereditary Succession, Election Procedure, Santai Parganas Tenancy (supplementary Provisions), Act, 1949
Tenancy Law Appointment of Village Headman Hereditary Succession Election Procedure Santai Parganas Tenancy (supplementary Provisions), Act, 1949

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sheapuijan Bhagat

Appellant

Thakur Hembrom

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed of by Supreme Court

Legal Issues

  1. 1 Whether appointment of village headman should be by hereditary succession or election as per Santai Parganas Tenancy (Supplementary Provisions), Act, 1949
  2. 2 Whether a person from another village can contest for headman

Ratio Decidendi

When the headman has resigned and not died, hereditary succession does not arise; election must be conducted as per Section 5 of the Act. A person not from the same village is not eligible for headmanship.

Court Disposition

Appeal disposed of

Orders

  • Commissioner directed to hold a regular election for village headman in accordance with the prescribed procedure and Section 5 of the Act