Photo used for indicative purpose only. Source internet

Shimla, May 12
The Himachal Pradesh High court sought a reply from the State of Himachal Pradesh regarding the appointment of MLA Bikram Singh Jaryal to the post of Chief Whip and Kamlesh Kumari as Deputy Chief Whip.  Chief Justice Mohammad Rafiq and Justice Sandeep Sharma passed the above orders on Wednesday while accepting a petition filed by Tek Chand and three other applicants challenging both appointments. The high court has summoned the reply from the state with notice of three weeks in the matter.
The petitioners have requested the HC to declare both appointee’s Salary Allowance and Other Facilities unconstitutional.  The applicants have also demanded to quash the notification regarding their appointments.  The petition contended before the court that an amendment made in Article 164 of the Constitution of India restrained the states confining the number of members of council or ministers as it couldn’t exceed 15 per cent of the total number of MLAs.  The petitioner said that State Government had enacted Salary Allowances and Other Benefits of Chief Whip and Deputy Chief Whip in the Legislative Assembly of Himachal Pradesh Act 2018. Adding, that under which provision has been made for the appointment of Chief Whip and Deputy Chief Whip.  Provision has been made to provide them with the status of cabinet ministers.  After completing the prescribed limit for ministers, this post has become more than the prescribed number.  The post of a whip is equal to the rank of a minister; although he is not called a minister, but he is provided with the same facilities which are provided to a minister.  The petitioners have pleaded for the cancellation of the appointment of Government Whips as contrary to the provisions of the Indian Constitution.


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