Shimla, Mar 11,
Over the next two days, the Sukhvinder Singh Sukhu government is expected to encounter significant challenges. Experts beleive that the oncoming few days are going to produce sleepless nights and eventful days for the Himachal State government led by Congress party.
On March 12, a crucial decision is anticipated regarding the appointment of six Chief Parliamentary Secretaries (CPS). The division bench of Justice Vivek Singh Thakur and Sandeep Sharma is set to rule on this matter, which has been pending since January 3. Indications are that the court may potentially invalidate the appointments of the CPS, including Ram Kumar from Baddi, Mohan Lal Bragts from Rohru, Kishori Lal from Baijnath, Sunder Lal from Kullu, Sanjay Awasthi from Arki and Ashish Butail from Palampur.
The basis for this decision stems from a challenge raised by 11 BJP MLAs, who argue that these appointments violate constitutional amendments limiting the size of the council of ministers to 15% of the total number of assembly or parliament members. The government contends that these appointments were made in accordance with the HP Chief Parliamentary Secretaries and Parliamentary Secretaries Act 2007, asserting that the CPS roles are administrative and not constitutional in nature.
Simultaneously, most likely on March 13, the Supreme Court of India is scheduled to hear a writ petition filed by six disqualified Congress MLAs. The Six disqualified MLAs including Rajinder Rana Sudhir Sharma, Ravi Thakur, Inderdut Lakhanpal, Chetnya Sharma and Devinder Bhutto had cross voted in favour of BJP candidate on February 27 and later they were disqualified on the petition filed against them by Parliamentary Affairs Minister Harshvardhan Chauhan on February 28 for defying party whip.
These MLAs were ousted for disobeying party whips during the passing of a financial bill on February 28. The disqualified MLAs went to Supreme court on March 5 . The matter was now listed before a three judge bench of supreme court comprising of justice Sanjeev Khanna, justice Dipankar Dutta, Justice Prashant Kumar Mishra.
If the Supreme Court were to overturn the Speaker’s disqualification order issued on February 29, it could result in a 34-34 tie in the house, potentially necessitating a floor test for the government’s survival. However, if the Speaker’s decision is upheld and the disqualified MLAs do not receive relief, it may not significantly affect the government’s stability until the Lok Sabha elections.
Moreover, in the mean time there have been notable developments involving an independent MLA from Hamirpur and father of a rebel Congress MLA from Gagret allegedly engaged in criminal conspiracy and horse-trading during the Rajya Sabha elections. An FIR has been lodged against them under relevant sections of the Indian Penal Code and the Prevention of Corruption Act, indicating a broader legal entanglement that could further impact the political landscape.
These events collectively underscore the tumultuous environment surrounding the Sukhu government, highlighting the precariousness of its position and the potential ramifications of the upcoming judicial proceedings.
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