Himachal government moves apex court against HC order nullifying CPSes’ appointments

While the state has decided to challenge the decision, the Bharatiya Janata party (BJP) is also gearing up to reap dividends from the decision, eyeing the removal of six MLAs who had been appointed as the CPSes

{Appointment of CPSes nullified}

Himachal CM Sukhvinder Sing Sukhu (File)

The state government has moved the Supreme Court against the high court’s order nullifying appointment of chief parliamentary secretaries (CPS), an issue that has stirred the pot in the state’s political circles once again.

While the state has decided to challenge the decision, the Bharatiya Janata party (BJP) is also gearing up to reap dividends from the decision, eyeing the removal of six MLAs who had been appointed as the CPSes.

Addressing mediapersons after the cabinet meeting, revenue minister Jagat Singh Negi said, “The appointments made by the Himachal government were made under the HP Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act, 2006, which is different from the Assam Act. In the case of Assam, a CPS was given the status of a minister, whereas in Himachal, CPS did not have the status of a minister.”

The minister accused the BJP of “making noise” about a non-issue, adding, “I want to remind them that under the same Act, BJP’s Satpal Satti and Sukhram Chaudhary have also been CPS.”

Deputy chief minister Mukesh Agnihotri, meanwhile, said the Congress government was strong and resilient, adding, “The BJP can keep trying, but their efforts to destabilise the government will not succeed. The government remains stable and committed to the welfare of the people.”

Govt can be toppled

even today: Mahajan

Notably, the HC in its order had said, “...protection granted to such appointment to the office of chief parliamentary secretary/or parliamentary secretary as per Section 3 with Clause (d) of Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971 is also declared illegal and unconstitutional and thus, claim of such protection under above referred Section 3(d) is inconsequential. Natural consequences and legal implications whereof shall follow forthwith in accordance with law.

The BJP is looking to use the observations as grounds for seeking the removal of the MLAs who had been appointed as CPS has been nullified.

BJP Rajya Sabha MP Harsh Mahajan said, “Not just the six MLAs whose appointment have been rendered void by the HC, we will also be seeking unseating of three other MLAs too who have been given cabinet ranks.”

“The government can be toppled even today. There are factions of Congress MLAs in Sirmaur, Kangra and Una, due to which the government is not able to perform,” he added.

Mahajan said the BJP will meet the governor, who, he added, in consultation with the Election Commission of India can unseat the MLAs, adding, “All these are posts of profit. If unseated bypolls on their seats will have to be held.”