Himachal govt moves SC against HC order quashing appointment of 6 CPSs

The Himachal Pradesh government moved the Supreme Court against the Himachal Pradesh High Court’s order quashing the appointment of six Chief Parliamentary Secretaries (CPSs).

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, saying it was beyond the legislative competence of the state legislature to enact such a law.

It was this law under which the appointments of CPSs were made.

Filed through advocate-on-record Sugandha Anand on Thursday, the petition is likely to be taken up for hearing on Monday.

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.

Chief Minister Sukhvinder Singh Sukhu had in January 2023 appointed 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) as CPSs.

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these appointments unconstitutional and directed that all facilities and privileges of the six CPSs in question be withdrawn with immediate effect.

“Since the impugned Act is void ab initio, the six CPSs 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.