From Our Correspondent
TURA, Feb 16: In a landmark move to uphold constitutional propriety, the High Court of Meghalaya has ended the ‘triple-role’ era in the Garo Hills Autonomous District Council (GHADC), ruling that the same official cannot act as the Council’s administrator, legislator and judge.
The judgment follows a Public Interest Litigation (PIL) filed by social activist Flaming B Marak, who challenged the systemic overlap of powers within the Council. The petition highlighted that the Secretary of the GHADC Executive Committee was simultaneously serving as a Judge of the District Council Court while also involved in legislative duties.
The Court, in its initial observations on December 10, noted that the lack of a formal notification separating the judiciary from the executive violated Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.
To rectify the breach, the Court directed that the then-Additional Judge, SRR Marak, cease functioning as the Secretary to the Executive Committee (EC). During the transition period, SRR Marak was permitted to continue his judicial duties to ensure the court remained functional.
Following these directives, the Advocate General submitted an affidavit on January 20 confirming that Peter R Marak was appointed as the new Secretary to the EC on December 11. This appointment was made by the Chief Executive Member (CEM) under Rule 19(2) of the 1951 District Council Rules.
The Council has further informed the state government that the Executive Committee has resolved to appoint a full-time Judge and an Additional Judge for the District Council Court to ensure a permanent separation of roles.
At present, the GHADC has demarcated its functions: PR Marak is in charge of the Executive Committee, RN Sangma oversees legislative duties, and SRR Marak continues as the Additional Judge.
The High Court concluded that the issue of overlapping powers has been resolved with these clear demarcations. It added that all future judicial appointments must strictly comply with the Sixth Schedule of the Constitution and the 1953 Administration of Justice Rules.
