JUDGMENT :

Ranjan Gogoi, J.

1. The petitioners and the Respondent Nos. 3 and 4 are residents of New Shena village located in the Zunheboto District of the State of Nagaland. In the proceedings before the customary courts as well as the courts constituted under the Rules for Administration of Justice and Police in Nagaland, 1937 (as amended), out of which the present writ petition has arisen, while the petitioners contended that the office of the Gaon Bura in the Sema Naga tribe is a hereditary office and therefore the respondent Nos. 3 and 4 are not entitled to be appointed to the said office, the respondent Nos. 3 and 4 contended to the contrary. The dispute between the parties was sought to be resolved by the learned Additional Deputy Commissioner (J), Zunheboto, by his order dated 29.7.1996 holding that as the claim of the respondent Nos. 3 and 4 to the office of Gaon Bura was in respect of new offices, not previously held by any person on hereditary basis. The respondent Nos. 3 and 4 would be entitled to the said office on account of necessity.

2. Aggrieved, the petitioners had instituted the present writ proceeding, primarily, contending that under the Sema Naga customary law the