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Appointment of HP Shimla, August 18 Disposing of a PIL, challenging the constitutional validity of the appointments filed by Mr Desh Bandhu Sood, president of the Citizen’s Rights Protection Association, a Division Bench comprising Chief Justice Vinod Kumar Gupta and Mr Justice Deepak Gupta, held that there was no provision for the post of Chief Parliamentary Secretary and Parliamentary Secretary in the Constitution or any other Act of the state. In the order, the judges observed there was neither any source of power with the Chief Minister to appoint the Parliamentary Secretaries nor any power to administer oath of office and secrecy. As such the appointments were void “ab-initio” and they could not be allowed to continue in their offices. While Mr Mukesh Agnihotri, who was appointed as Chief Parliamentary Secretary, the day Mr Virbhadra Singh took over as Chief Minister, Mr Thakur Singh Bharouri, Mrs Anita Verma, Mr Harsh Wardhan, Mr Prem Singh, Mr Harbhajan Singh, Mr Tek Chand and Mr Lajja Ram were sworn is as Chief Parliamentary Secretaries and Mr Rghubir Sinh, Mr Surinder Kumar, Mr Sudhir Sharma and Mr J.S. Negi as Parliamentary Secretaries on April 18. Besides challenging the constitutional validity of the appointments, the petitioner had also pleaded that Chief Parliamentary Secretaries had been practically functioning as ministers and as such the total strength of the ministers had crossed the maximum permissible limit of 12 after the 91st constitutional amendment. He had placed certain letters and copy of the rules of business of the government in support of his plea. He had challenged the validity of the Act passed by the state Vidhan Sabha which laid down that the offices of Chief Parliamentary Secretaries and Secretaries would not be office of profit. Mr Sat Pal Jain, national convener of the BJP legal cell who appeared for the petitioner, said the government should not only implement the order, but also recover the expenses incurred from the state exchequer from the illegal appointees while they were in office or the Chief Minister who appointed them. |
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