A party who voluntarily participates in legal proceedings and allows a decision to attain finality over an inordinate period without protest or appeal is precluded from challenging the jurisdictional competence of the deciding authority in a writ petition, as delay defeats equity and discretionary relief.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. A. Zhimomi, learned counsel for the petitioners and Mr. Imti Imsong, learned Additional Advocate General for the State respondent No. 1. Also heard Mr. C. T. Jamir, learned Senior Counsel assisted by Mr. Aliba Ozukum, learned counsel for the respondent Nos. 2 & 3.

2. In this petition, under Article 227 of the Constitution of India, the petitioners have challenged the Settlement Order, dated 29.01.2004, passed by the Gaonburas’ Board, Yangzitong ‘A’ and Yangzitong ‘B’ village and the Settlement Order, dated 16.04.2004, passed by the Do Bhashis’ Court, Seyochung; and also prayed for granting permission to the petitioners or any aggrieved party to take appropriate steps before a Court of competent jurisdiction to adjudicate and settle the dispute of Chieftainship in Yangzitong ‘B’/Khukiqhe village.

Background Facts:-

3. The background facts, leading to filing of the present petition, is briefly stated as under-

“In the year 1878, one Ilitu, followed by his son Yezuthu, established Yezuthu village. Along with them, Sangtam tribesmen from Yangpher and Yezashimi villages were also there. The village came to be known as Yezuthu Village. Yezuthu and Khukiqhe settled with their respective followers in separate areas of the village and in accordance with the customs and practices, each of them exercised jurisdiction in their respective areas.

Thereafter, in the year 1914, one Shoiho Yepthomi, the forefather of the respondents Nos. 2 and 3 also came to reside in Yezuthu Village.

Thereafter, according to Sumi customs and practices, since he arrived in the village after its establishment, he was not allowed to enter the village for 3 (three) days and 3 (three) nights and he was also disqualified from claiming any right to any position of authority in the village.

Thereafter, discord surfaced between the Sumi and Sangtam tribesmen, resulting in division of the Yezuthu village. The name of Yezuthu Village was changed to Yangzitong Village. Then sometime in the year 1916, Khukiqhe, Shoiho and their followers moved away from Yangzitong Village and established their own village, namely, Khuqikhe Village. Khukiqhe himself became the Chief of the village and ruled till his death, sometime in or about 1920. After his death, his descendants succeeded to the Chieftainship and the said position is presently being held by the petitioner No. 1 at present.

Thereafter, in the year 1954, the ancestor of petitioner No. 1, Sahoi Yepthomi, the then Chief of the Khukiqhe village, allowed Luhokhu Yepthomi, the son of Shoiho Yepthomi, to take on the position of Assistant Chieftainship. This line of Assistant Chieftainship is now being held by Shoiho's descendant, Khehuto Yepthomi, the respondent No. 3.

Yangzitong and Khukiqhe Villages existed as two independent villages. However, for the purpose of receiving State largesse, sometime in the year 1984/1985, the then ADC, Kiphire directed Yangzitong and Khukiqhe villages to have a single Chief, Village Council and Village Development Board. As a result, the two villages came to be known as ‘Yangzitong A’ and ‘Yangzitong B’ and began functioning with one Chief, Village Council and Village Development Board.

Thereafter, in the year 2004, the respondent No. 2 submitted a complaint, dated 28.01.2004, to the "GBs Court and Village Council Chairman of Yangzitong ‘A’ and ‘B’ Villages", praying for a settlement of the dispute between the descendants of Shoyiho (Shoiho) and Khukiqhe in relation to the establishment of Yangzitong ‘B’ Village.

Thereafter, by a Settlement, date