Himachal Pradesh CPSes can’t function as ministers, says High Court

Vijay Arora

Shimla, January 3

The Himachal Pradesh High Court today restrained the chief parliamentary secretaries (CPSes) from functioning as ministers in the government and also restrained them from availing of benefits on a par with Cabinet ministers.

While passing the interim order in an open court, the high court clarified that “we do not feel it appropriate to refrain them from functioning as the CPS but with a rider that they would not function as ministers and will not avail of the benefits available to the Cabinet ministers”.

The interim order was passed by a Division Bench comprising Justice Vivek Singh Thakur and Justice Sandeep Sharma on a petition challenging the appointment of the CPSes. After hearing the matter at length, the court passed the interim order and listed the main petition for further hearing on March 11.

During the course of the hearing, it was contended on behalf of the CPSes that their appointment was legal and in consonance with the provision of the state Act. It was further contended that they were not functioning as Minister of State.

BJP leader Satpal Singh Satti and 11 other party MLAs had filed a petition before the court alleging that no such post of CPS existed under the Constitution or under any statue or Act passed by Parliament.

It was further contended in the petition that appointments to posts of CPS were a burden on the exchequer.

It was alleged that the appointment of six CPSes was against the Constitution. They were de facto ministers without being called so and enjoyed all powers and facilities of ministers. The petitioner contended that on January 8, 2023, the state government had appointed six CPSes – Sanjay Awasthi from the Arki Assembly constituency, Sundar Singh from Kullu, Ram Kumar from Doon, Mohan Lal Brakta from Rohru, Ashish Butail from Palampur and Kishori Lal from Baijnath against the “mandate of the Constitution”.

Petition filed by BJP legislators

• BJP leader Satpal Singh Satti and 11 other party MLAs had filed a plea against the appointment of six CPSes by the Himachal govt
• It was contended that they were de facto ministers without being called so and enjoyed all powers and facilities of ministers