Shimla, Nov 18,
The Supreme Court of India is expected to hear the Special Leave Petition (SLP) filed by the Himachal Pradesh Government on Friday, challenging the Himachal Pradesh High Court’s verdict declaring the appointment of six Chief Parliamentary Secretaries (CPS) unconstitutional.
The state government moved the Apex Court on November 14 against the judgment issued by a Division Bench comprising Justice Vivek Singh Thakur and Justice Bipen Chander Negi on November 13. The High Court had declared the Himachal Pradesh Chief Parliamentary and Parliamentary Secretaries (Appointment, Salary, and Perks) Act, 2006, as well as Section 3(d) of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualification) Act, 1971, unconstitutional and illegal. This judgment invalidated the appointments of CPS Sanjay Awasthi, Kishori Lal, Ram Kumar, Mohan Bragta, Sundar Singh Thakur, and Ashish Butail.
Following the High Court’s order, the state government promptly revoked the privileges and perks of the six CPS and reassigned their staff, including Special Private Secretaries, on November 13.
Two petitions had been filed against these appointments earlier this year. The first was by Kalpana Devi, and the second was by ten BJP legislators, including Satpal Singh Sati, Vipin Singh Parmar, Randhir Sharma, Hans Raj, Balbir Singh Verma, Rakesh Jamwal, Inder Singh Gandhi, Surinder Shourie, Trilok Jamwal, Dr. Janak Raj, Lokender Kumar, and Deepraj. The BJP legislators have also filed a caveat in the Supreme Court, urging the court not to stay the High Court’s verdict without hearing their arguments.
The SLPs (No. 27211 and 27212 of 2024) have been tentatively listed for a hearing on November 22. Advocate General Anup Rattan confirmed that the state government has challenged the High Court’s ruling on the grounds that the Himachal Pradesh CPS Act does not equate CPS with ministers. He cited the Assam CPS Act, which upheld similar appointments, asserting that CPS in Himachal Pradesh do not perform ministerial duties.
This case is being closely monitored as its outcome could have significant implications for the structure of governance in Himachal Pradesh.
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