Sanchayita Lahkar

The High Court of Meghalaya Division Bench of Chief Justice Soumen Sen and Justice H. S. Thangkhiew directed the Additional Judge of the District Council Court, Garo Hills Autonomous District Council, Tura, to cease functioning as Secretary to the Council’s Executive Committee forthwith, after a PIL alleged that the same officer was simultaneously holding the executive secretariat and judicial post, contrary to the separation of powers. The Bench requested the State to place the judge’s appointment for the Governor’s approval and sought a compliance affidavit from the State and the District Council.

A public interest petitioner raised an issue concerning separation of powers, stating that the Constitution envisages separation between the Legislature, Executive and Judiciary. Based on information obtained from the Public Information Officer, General Administration Department, Garo Hills Autonomous District Council, it was stated 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 were the same person, and a copy of the appointment order was disclosed.

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The information also stated that the Secretary was taking charge or acting/functioning as Judge, and referred to Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.

The Court recorded: “The petitioner has raised a very important issue with regard to separation of powers.” It stated: “The Constitution envisaged that there shall be a separation of power between the Legislature, Executive and Judiciary.” The Court observed: “It appears from the information received by the petitioner… that the Secretary to the Executive Committee… and the Judge of the District Council Court… is one and the same person.” It recorded: “The information reveals a very alarming fact that the judiciary has not been separated by any official notification.” It noted: “This is also contrary to Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.”

The Court directed: “In view of the aforesaid, Shri S.R.R. Marak, 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.”

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“However, for the time being he shall continue to function as the Additional Judge, District Council Court, Tura as it is required for smooth functioning of the District Council Court. A report in the form of an affidavit shall be filed by the State and the District Council indicating the steps taken pursuant to this order by the adjourned date.”

“This matter shall be listed on 28.01.2026.”

 Advocates Representing the Parties

For the Petitioners: Mr P.T. Sangma, Adv.
For the Respondents: Mr A. Kumar, AG with Mr N.D. Chullai, AAG; Mr E.R. Chyne, GA; Mr S. Dey, Adv.

Case Title: Flaming B. Marak vs. The State of Meghalaya & ors
Case Number: PIL No. 15 of 2025
Bench: Chief Justice Soumen Sen; Justice H.S. Thangkhiew