Himachal Govt to challenge High Court order on Chief Parliamentary Secretaries appointment in Supreme Court

The state government has decided to file a special leave petition (SPL) in the Supreme Court to challenge the judgment of the High Court of Himachal Pradesh terming the appointment of six Chief Parliamentary Secretaries (CPSs) as unconstitutional, confirmed Advocate General Anup Rattan.

On the other hand, the BJP has sought the disqualification of the six CPSs as MLAs in the light of today’s High Court order. “The BJP demands the cancellation of the membership of the six CPSs as MLAs from the Assembly, as they were appointed despite similar orders passed by the Supreme Court and the High Court of Himachal,” said Leader of the Opposition Jai Ram Thakur. The BJP will look at the opportunity to seek the disqualification of the six MLAs with a view to bringing down the Congress’ tally in the Assembly from 40 to 34. At present, the BJP has 28 MLAs.

Earlier, the High Court of Himachal had set aside the appointment of eight CPSs and four Parliamentary Secretaries on August 18, 2005, by the Congress government headed by Virbhadra Singh. The court had then observed that the Chief Minister had no powers to make these appointments, following which the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006, was enacted.

The removal of the six CPSs can also intensify lobbying for the lone vacant ministerial berth in the Cabinet. The position of the Chief Minister can become difficult as many MLAs are already lobbying hard for the Cabinet berth. Now, the six ‘removed’ CPSs can also join the list of aspirants for the ministerial berth.

The order terming the appointment of CPSs as unconstitutional has been delivered or the second time. On August 18, 2005, the High Court of Himachal had set aside the appointment of eight CPSs and four Parliamentary Secretaries by the Virbhadra Singh-led Congress government. It was following the court order that the Congress government had enacted the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006, to give validity to the CPSs and Parliamentary Secretaries.

The MLAs, who were removed as CPSs in 2005, were Mukesh Agnihotri, Thakur Singh Bharmouri, Anita Verma, Prem Singh, Tek Chand, Harshwardhan Chauhan, Lajja Ram and Harbhajan Singh. The four Parliamentary Secretaries who were removed were Jagat Singh Negi, Surinder Kumar, Sudhir Sharma and Raghubir Singh.

Two petitions were filed in the High Court challenging the appointment of the six CPSs by the government. Kalpana Devi had filed a public interest litigation (PIL) while 11 BJP legislators, including Una MLA Satpal Satti, had filed the other petition.

If disqualified, Cong MLAs’ tally will fall

• The BJP will look at the opportunity to seek the disqualification of the six MLAs with a view to bringing down the Congress’ tally in the Assembly from 40 to 34
• Earlier, the High Court of Himachal had set aside the appointment of eight CPSs and four Parliamentary Secretaries on August 18, 2005, by the Congress government headed by Virbhadra Singh
• The court had then observed that the Chief Minister had no powers to make these appointments
• The MLAs, who were removed as CPSs in 2005, were Mukesh Agnihotri, Thakur Singh Bharmouri, Anita Verma, Prem Singh, Tek Chand, Harshwardhan Chauhan, Lajja Ram and Harbhajan Singh
• The four Parliamentary Secretaries who were removed were Jagat Singh Negi, Surinder Kumar, Sudhir Sharma and Raghubir Singh