Himacha Pradesh High Court reserves judgment on CPS appointments

Legal Correspondent

Shimla, May 31

The HP High Court today reserved its judgment on the petition challenging the appointment of Chief Parliamentary Secretaries (CPSs).

After hearing the matter on day-to-day basis, a Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi today concluded the hearing and reserved its verdict.

During the course of hearing, senior advocate Vivek Krishan Tankha sought adjournment for making some clarifications with respect to arguments addressed on behalf of petitioner in rebuttal.

Declining the prayer, the court observed that “We are of the opinion that such permission or practice would amount to the hearing continuing for an indefinite period, for allowing the parties to submit and resubmit the arguments.”

However, the court has given the liberty to the counsel for the state to submit written submissions with respect to clarification, which he intends to make before June 5.

It is pertinent to mention here that BJP leader Satpal Singh Satti and 11 other BJP MLAs had filed a petition before the court alleging that no such post of CPS exists under the Constitution of India or under any statue or Act passed by the Parliament. It was further contended in the petition that the appointment to the posts of CPS is a burden on the state exchequer.

It was also averred in the petition that as per the 91st Constitutional amendment, it capped the number of ministerial berths to 15 per cent of the house strength and as per this, there are 12 ministers in the state in consonance of the Constitutional amendment as the strength of the Assembly is 68 in the state.

The petitioner contended in the petition on January 8, 2023, the state government has appointed six CPS namely Sanjay Awasthi from Arki Assembly constituency, Sundar Singh from Kullu, Ram Kumar from Doon, Mohan Lal Barakta from Rohru, Ashish Butail from Palampur and Kishori Lal from Baijnath against the mandate of the Constitution.

The state has defended the appointments by contending the appointments of the CPS are in consonance with the provision of the State Act passed in this regard by the state legislative assembly and sought dismissal of the petition.

It is pertinent to mention here that the state government has engaged two senior advocates from Delhi, Dushyant Dave and Vivek Tankha, to defend its case before the court.

However, on the other side, senior advocates Maninder Singh and Ankush Dass Sood represented the petitioners before the court.