HC asks GHADC to appoint full-time judge in council court

Shillong, Feb 16: The Meghalaya High Court has ruled that appointment of a full-time judge for District Council Court, Tura must be done in accordance with law as it disposed of a PIL on the matter.

The PIL, filed by Flaming B Marak, flagged a breach of the separation of powers in Garo Hills Autonomous District Council (GHADC).

Noting that authority had since complied with its earlier directions, the Division Bench of Chief Justice Revati Mohite Dere and Justice W Deingdoh said, “In view of the aforesaid, nothing survives for further consideration.”

The PIL urged the court to ensure that the GHADC’s judicial wing was kept independent of its executive and that recruitment rules for judicial officers were followed.

The controversy centred around SRR Marak, who was concurrently serving as Secretary to the Executive Committee of GHADC and Judge of the District Council Court, Tura — a practice the court had noted was contrary to Rules 10 and 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.

“We directed that Shri SRR Marak shall cease to function as Secretary to the Executive Committee forthwith,” the division bench observed, recalling its order of December 10, 2025.

In compliance, the GHADC appointed PR Marak as In-Charge Secretary to the Executive Committee and RN Sangma to the Legislative Department, while SRR Marak continued as Additional Judge.

An affidavit filed by PR Marak confirmed that a full-time Judge for the District Council Court would be appointed “as per due process and in compliance to the provisions of the Sixth Schedule to the Constitution of India and the 1953 Rules.”

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