Himachal HC nullifies appointment of six Cong MLAs as CPSes
Court directs immediate withdrawal of facilities to six chief parliamentary secretaries Sanjay Awasthi (Arki), Sundar Singh (Kullu), Ram Kumar (Doon), Mohan Lal Bragta (Rohru), Ashish Butail (Palampur) and Kishori Lal (Baijnath).
The Himachal Pradesh high court on Wednesday termed the appointment of six Congress MLAs as chief parliamentary secretaries (CPSes) by chief minister Sukhvinder Singh Sukhu “void ab-initio”.
“Void ab initio” is a Latin phrase that means something is invalid from the beginning.
The judgment is likely to have far-reaching effect not just in Himachal but in other states too.
“...impugned HP Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act, 2006, is quashed as being beyond the legislative competence of the state legislature,” ruled the division bench comprising of justice Vivek Singh Thakur and justice Bipin Chander Negi.
“Consequently, all subsequent actions, including the appointment of CPSes, are held and declared to be illegal, unconstitutional, void ab initio and accordingly are set aside,” read the order.
Chief minister Sukhu had appointed six CPSs —Sanjay Awasthi from Arki assembly segmant, Sunder Singh from Kullu, Ram Kumar from Doon, Mohan Lal Barakta from Rohru, Ashish Butail from Palampur and Kishori Lal from Baijnath constituency —on January 8, 2023, ahead of cabinet expansion.
After the judgement, Himachal advocate general Anup Rattan said the state government will challenge the order in the Supreme Court.
“Since the impugned Act is void ab initio, therefore CPSes are usurpers of public office right from their inception and thus, their continuance in the office, based on their illegal and unconstitutional appointment, is completely impermissible in law. Accordingly, from now onwards, they shall cease to be holder of the office(s) of chief parliamentary secretaries with all consequences,” ruled the court.
In compliance with the high court judgment, Himachal chief secretary ordered withdrawal HP secretariat services officers posted with the office of CPSes.
“Accordingly, 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 judgment further said.
The HC order came on two petitions — one filed by 12 BJP MLAs and other by one Kalpana Devi — challenging the appointments of CPSes.
After the order, Himachal Pradesh advocate general Anup Rattan said, “The state government will challenge the judgment of the high court in the apex court soon. The judgment is in line with the Supreme Court’s decision in Bimolangshu Roy vs State of Assam. The court has overlooked important facts that differentiates HP’s Act from the Assam government’s Act”.
BJP leader Satpal Singh Satti and 11 party MLAs had on May 3, 2023, filed a petition in the HC saying that no such post of CPS exists under the Constitution of India or under any statue or Act passed by the Parliament. It was contended that the appointment of CPSes is a burden on the state exchequer.
It was also averred in the petition that the 91st Constitutional amendment capped the number of ministerial berths to 15% of the House strength and according to this, there are 12 ministers in the 68-member state assembly.