Himachal govt challenges high court order on Chief Parliamentary Secretaries

The Himachal Pradesh Government has moved the Supreme Court against the Himachal Pradesh High Court’s order quashing the appointments of six Chief Parliamentary Secretaries (CPSs). The government contends that this could lead to their disqualification as MLAs, causing political instability.

In its petition, the government challenges the November 13 high court order declaring the Himachal Pradesh Parliamentary Secretaries Act, 2006, “void” due to being beyond the state legislature’s legislative competence.

The petition, filed through advocate-on-record Sugandha Anand, urges the top court to stay the high court’s order, citing lack of consideration for the state government’s contentions. Two petitioners have filed a caveat to prevent an ex-parte order without being heard.

The high court had ruled the appointments unconstitutional, directing withdrawal of facilities and privileges for the six CPSs. The appointments were made by Chief Minister Sukhvinder Singh Sukhu in January 2023 for six Congress MLAs — Mohan Lal Brakta (Rohru), Ashish Butail (Palampur), Ram Kumar Chaudhary (Doon), Kishori Lal (Baijnath), Sanjay Awasthi (Arki) and Sunder Singh Thakur (Kullu).

“The Hon’ble 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 (hereinafter referred as HP 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 HP 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 high court stated that the CPSs’ continuance in office, based on illegal appointments, is impermissible in law. They must cease to hold the office of Chief Parliamentary Secretaries with immediate effect. The Himachal Pradesh Government’s petition is likely to be heard on November 18.