Shimla, Nov 22
The Himachal Pradesh High Court verdict declaring the appointment of Chief Parliamentary Secretaries on November 13 would remain in ‘status quo’ until January 20, 2025.
Advocate General Anup Rattan informed that the Supreme Court Division Bench comprising Chief Justice Sanjeev Khanna and Justice Sanjay Kumar today heard the special leave petition of the Himachal Pradesh Government, which had challenged the High Court orders declaring the appointment of six Chief Parliamentary Secretaries unconstitutional and striking down the law regarding their appointments.
Dictating the order CJI said that with regards to para 50 of impugned verdict of Himachal Pradesh High court there would be no action till further orders.
” 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,” stated para 50 of the High court judgement.
The SC also tagged the SLP filed by the Himachal Pradesh Government with a similar petition pending before the apex court pertaining to the quashing of CPS and PS by the High Courts of Chattisgarh, Kolkata, Punjab, Meghalaya and Manipur.
Earlier, appearing for the state of Himachal Pradesh, Senior Counsel Kapil Sibal sought admission of the SLP matter against the declaration of the appointment of CPS as unconstitutional, also seeking a stay order on the impugned verdict.
Appearing for the caveat and respondents BJP MLAs, Senior Counsel Maninder Singh vehemently opposed the admission of the SLP, terming the appointment of six CPS as a violation of the doctrine of res judicata by the Supreme Court earlier.
Chief Justice Sanjeev Khanna said that an earlier CJI had passed a judgment upholding the appointment of CPS as unconstitutional, but in the present matter of Himachal Pradesh, there was already a law regarding the appointment of CPS and giving them immunity from the office of profit.
Senior Counsel Kapil Sibal said that the Division Bench of the Himachal Pradesh High Court was not competent to declare two laws regarding the appointment of CPS unconstitutional as the issue did not fall under the Division Bench domain.
Giving partial relief to the state of Himachal Pradesh, the SC said that it would issue a status quo on para 50 of the Himachal Pradesh High Court, however, the state would make no further appointments until the pendency of this matter.
Senior Counsel Abhishek Manu Singhvi, Anand Sharma, and Advocate General Anup Rattan were present in the court.
Noteworthy that in two different orders the Himachal Pradesh High Court declared the appointment of six Chief Parliamentary Secretaries (CPS) by the Sukhu government as unconstitutional.
Advocate General Anup Rattan emphasized that the state is seeking an injunction against the November 13 order of the Himachal Pradesh High Court, which declared the CPS appointments unconstitutional.
The case, which has attracted considerable attention due to its political ramifications, will see a high-stakes legal battle between senior lawyers representing the BJP and the Congress.
The dispute centers around the appointments of six Congress MLAs – Sundar Thakur, Ashish Butel, Mohan Lal Brakta, Ram Kumar, Kishori Lal, and Sanjay Awasthi – as Chief Parliamentary Secretaries, a move that was first challenged in the Himachal Pradesh High Court.
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