Shillong: The Meghalaya High Court has disposed of a public interest litigation concerning alleged violation of the separation of powers within the Garo Hills Autonomous District Council (GHADC), observing that the authority has complied with the court’s earlier directives.
A Division Bench comprising Chief Justice Revati Mohite Dere and Justice W. Deingdoh, in its judgment dated February 10, stated that no further issues remained for consideration. The Bench, however, clarified that the appointment of a full-time Judge to the District Council Court must be carried out strictly in accordance with the law and applicable rules.
The PIL was filed by Flaming B. Marak seeking judicial intervention to ensure that the GHADC’s judicial wing functions independently from the executive and that recruitment rules governing judicial officers are properly followed.
The matter arose after it was brought to the court’s notice that S.R.R. Marak had been simultaneously serving as Secretary to the Executive Committee of GHADC and as Judge of the District Council Court, Tura—an arrangement the court found inconsistent with Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953. In an earlier order dated December 10, 2025, the Bench had directed that he cease functioning as Secretary to the Executive Committee.
Subsequently, the GHADC reassigned administrative responsibilities, appointing P.R. Marak as In-Charge Secretary to the Executive Committee and R.N. Sangma to the Legislative Department, while S.R.R. Marak continued in his judicial role as Additional Judge.
An affidavit submitted to the court confirmed that the process for appointing a full-time Judge to the District Council Court would be undertaken in accordance with the provisions of the Sixth Schedule to the Constitution and the 1953 Rules, following which the court disposed of the petition.
