Fearing upheaval, HP challenges order on CPSes

The Himachal Pradesh Government has moved the Supreme Court against the Himachal Pradesh High Court’s order quashing the appointment of six Chief Parliamentary Secretaries (CPSes), contending that they were likely to be disqualified as MLAs leading to political instability in the state.

In a petition filed in the top court, the Himachal Pradesh Government has also challenged the November 13 order of the high court that declared as “void” the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006, and said it was beyond the legislative competence of the state legislature to enact such a law. It was this law under which the appointments of CPSes were made.

Filed through advocate-on-record Sugandha Anand on Thursday, the petition urged the top court to stay the high court order on grounds that it was passed without considering the contentions of the state government. Two of the petitioners before the high court have filed a caveat through advocate-on-record Prabhas Bajaj to pre-empt any ex-parte order being passed by the top court without giving them an opportunity to be heard. The Himachal government’s petition is likely to be taken up for hearing on November 18.

“The high court, in a cryptic paragraph at the end of the impugned judgment, declared Section 3(d) of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971, as illegal and unconstitutional, without any material on record and without even delving into the issue anywhere in the impugned judgment, except in paragraph 50 of the impugned order,” the government submitted in its petition.

It contended that there was “no express and explicit provision in the HP Act, 2006, conferring rank and status of minister upon the Parliamentary Secretary…” “The legal consequence would be the six Chief Parliamentary Secretaries, who are also MLAs, are likely to face disqualification under Article 192 of the Constitution as the protection granted to CPS from the office of profit has been taken away, without adjudication, causing political instability,” the petition read.

CM Sukhvinder Sukhu had in January 2023 appointed Congress MLAs Mohan Lal Brakta (Rohru), Ashish Butail (Palampur), Ram Kumar Chaudhary (Doon), Kishori Lal (Baijnath), Sanjay Awasthi (Arki) and Sunder Singh Thakur (Kullu) as CPSes. Acting on a PIL filed by 11 BJP MLAs, a Division Bench of Justice Vivek Singh Thakur and Justice Bipin Chander Negi declared these appointments unconstitutional and directed that all facilities and privileges of the six CPSes be withdrawn with immediate effect.

“Since the impugned Act is void ab initio, the six CPSes are usurpers of public office right from their inception and thus, their continuance in office, based on their illegal and unconstitutional appointment, is completely impermissible in law,” the high court said. “Accordingly, from now onwards, they shall cease to be holder/s of the office(s) of Chief Parliamentary Secretaries with all the consequences,” the HC said.