Meghalaya High Court Flags 'Alarming' Breach Of Separation Of Powers; Orders District Council Judge To Cease Functioning As Executive Secretary

The Meghalaya High Court recently directed a Judge of the District Council Court to forthwith cease functioning as the Secretary to the Executive Committee of Garo Hills Autonomous District Council, Tura as holding both the posts by him violates separation of powers.The division bench comprising Chief Justice Soumen Sen and Justice H. S. Thangkhiew was hearing a PIL raising the issue that the Secretary to the Executive Committee, Garo Hills Autonomous District Council, Tura and the Judge of the District Council Court, Garo Hills Autonomous District Council, Tura is one and the same person.The court noted that the information provided by the petitioner reveals a very 'alarming' fact— that the judiciary has not been separated by any official notification.It was further observed by the Court that the said fact is also contrary to Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.“It appears that Shri S.R.R. Marak, Additional Judge was designated as the Judge, District Council Court with immediate effect from 30.08.2023. However, in addition to the said charge, he was also being designated as the Secretary to the Executive Committee of Garo Hills Autonomous District Council, Tura,” the Court stated.Thus, the Court directed that the said Additional Judge shall cease to function as the Secretary to the Executive Committee of Garo Hills Autonomous District Council forthwith. “In this peculiar fact and circumstance, we request the State to approve the appointment of the Additional Judge of District Council Court and place it before His Excellency the Governor for approval,” the Court directed.However, it was further noted by the Court that for the time being the said Additional Judge shall continue to function as the Additional Judge, District Council Court, Tura as it is required for smooth functioning of the District Council Court. The Court further directed the State and the District Council to file a report indicating the steps taken pursuant to the present order by the adjourned January 28, 2026. Case Title: Flaming B. Marak v. The State of Meghalaya & Ors. Case No.: PIL No. 15 of 2025Click Here To Read/Download Order

Meghalaya High Court Flags 'Alarming' Breach Of Separation Of Powers; Orders District Council Judge To Cease Functioning As Executive Secretary

Udit Singh

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