Himachal moves apex court over HC order, CPSes vacate offices
After the high court orders, chief secretary Prabodh Saxena on Wednesday evening issued orders to take away the facilities like cars, bungalows, offices and staff
A day after high court nullified the appointment if six Congress MLAs as chief parliamentary secretaries (CPSes), Himachal government on Thursday filed a special leave petition (SLP) in Supreme Court challenging the order that termed the appointments of CPSes as “unconstitutional”.
Meanwhile, BJP legislator from Chopal Balbir Singh Verma has filed a caveat in SC.
“...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 on November 13.
“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.
“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.
Chief minister Sukhu had appointed six CPSes —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 on Wednesday, Himachal advocate general Anup Rattan had said the state government will challenge the order in the Supreme Court. He had said that the High court judgment was 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”.
CPSes vacate offices
Meanwhile, in compliance with the Himachal Pradesh HC orders of immediately withdrawing all facilities, the CPSes have vacated their offices and handed over their vehicles.
After the HC orders, chief secretary Prabodh Saxena on Wednesday evening issued orders to take away the facilities like cars, bungalows, offices and staff.
BJP terms judgement as “historical”
Bharatiya Janta Party (BJP) Member of Parliament (MP) Rajiv Bhardwaj termed the judgement as “historical”.
MP Bhardwaj who met Governor Shiv Pratap Shukla at Raj Bhavan on Thursday, said, “It was a courtesy call on the governor and it was decided before the decision on the CPS case.”
He said, “BJP kept warning the state government in the matter of making CPS, as their appointment is unconstitutional. This is a historic decision.” “Further course of action will be decided after discussing this matter with the top leadership,” he added.
Bhardwaj also targeted the Sukhu government saying, “The government came to power with a box of lies. It made such promises which cannot be fulfilled.”
Sundernagar MLA Rakesh Jamwal said, “The Congress government unconstitutionally appointed six CPS for the last two years. Along with exercising powers like ministers, they were also availing facilities like ministers. While Himachal is going through tough times, the present government put the burden of six CPSes on the public.”
BJP MLA from Balh constituency in Mandi, Inder Singh Gandhi, said, “The economic situation of the state is not good and the appointment of six CPS was a burden on Himachal. Recovery should be done from them because they were on unconstitutional posts and CM Sukhu is responsible for it. Gandhi also urged that by-elections should be conducted on these seats.”
State BJP spokesperson Rakesh Sharma described the HC decision as a move in the public interest and criticised the appointment of six CPSes, calling it a burden on the public. “An army of CPSes was created through the arbitrary actions of the Sukhu government,” he said, adding, “BJP had repeatedly raised this issue in the public interest. The Congress government’s appointments of CPSes were unconstitutional and emphasised that, despite consistent opposition from the BJP, the Sukhu government remained steadfast in its approach.
No political crises for government: Pratibha Singh
A day after high court quashed the HP Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act, 2006, “As being beyond the legislative competence of the state legislature”, Congress state president Pratibha Singh said, “There is no political crisis on the government due to the court’s decision on CPS”.
This is when the BJP is seeking the termination of membership of MLAs who have become CPSes.
Pratibha Singh, while talking to the media in Shimla on Thursday, said, “The government will decide what the next step is to be taken on this matter.”
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