When the village headman of a village which is not khas, dies, the landlord of the village shall report the fact within three months of its occurrence to the Deputy Commissioner with a view to the appointment of a village headman in the prescribed manner.
COMMENTS Section 6- ‘To elect a village headman’ in Form A under Rule 3 gives a clear indication that the appointment of the headman by way of election by the raiyats of the village but it is relevant raitat of village means Jambandi raiyat without taking into consideration the opinion of the Jamabandi raiyat the order is bad in law.[Jagdish Mishra v. Chamaklal Mishra, 1965 BLJR 674:ILR 45 Pat 668] Section 6 – It was held that authorities should have first considered the case of person claiming right to the post of Pradhan on the basis of hereditary claim. It was pointed out that the procedure of election under Section 5 comes only after rejecting the right of hereditary claim.
[Thakur Hembrom v. State of Bihar, 1980 BLJR 448:1980 BLJ 212 (DB)].
Section 6- Authorities under this act are bound to considered the claim of the post of Pradhan on the basis of hereditary claim first. After rejection of this claim the authority can considered the alternative method of appointment of Pradhan by election. [Thakur Hembrom v. State of Bihar, 1980 BLJR 448:1980 BLJ 212 (DB)].