RTI reveals ‘dual role’ held by individuals in Council
Shillong, Jan 3: The Meghalaya High Court has sought a report on the steps taken for immediate separation of powers between executive and judiciary in Garo Hills Autonomous District Council (GHADC).
The court ordered the respective authorities in the state government and the GHADC to submit the report at the next hearing of the case on January 28.
Chief Justice Soumen Sen and Justice HS Thangkhiew issued the order after hearing a PIL filed by one Flaming B Marak, highlighting a breach of constitutional principle of separation of powers.
Replies to RTI queries have revealed that the same individual held both the executive and judicial posts in the Council.
Pointing out the illegality of dual role, the court said, “The information reveals a very alarming fact that the judiciary has not been separated by any official notification. This is also contrary to Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.”
SRR Marak, who was appointed as Additional Judge of the District Council Court with effect from 30 August 2023, was also functioning as Secretary to the Executive Committee.
The bench ruled that he must cease his executive duties forthwith.
“In view of the aforesaid, SRR Marak, Additional Judge shall cease to function as the Secretary to the Executive Committee of Garo Hills Autonomous District Council forthwith,” it said while directing the State to approve the appointment of the Additional Judge of District Council Court and place it before the Governor for approval.
“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,” the bench further stated.
