Himachal Pradesh High Court
Shimla: Himachal Pradesh government has received a big blow from the High Court. The High Court has ordered the removal of all six Chief Parliamentary Secretaries (CPS) of the Sukhu government. Orders have also been issued to immediately withdraw all government facilities of CPS. While delivering the verdict, the bench of Justice Vivek Singh Thakur and Justice Bipin Chandra Negi said that the CPS should be removed from the post but he will remain an MLA.
He challenged CPS
According to the information, Chief Minister Sukhwinder Sukhu had made 6 Congress MLAs as Chief Parliamentary Secretaries (CPS). Apart from Kalpana, 11 MLAs of the state’s main opposition party BJP and People for Responsible Governance organization had also filed a petition in the High Court, terming the appointment of CPS as unconstitutional. It was on his petition that the High Court had given an interim order in the month of January not to use ministerial powers by the CPS.
In this matter, the state government has also approached the Supreme Court and has requested to club it with the CPS cases going on in the Supreme Court of other states. But, the Supreme Court rejected the request of the state government and ordered the case to be heard in the High Court itself.
These Congress MLAs had formed CPS
The six Congress MLAs appointed as CPS by CM Sukhu include Rohru MLA ML Brakta, Kullu’s Sundar Singh Thakur, Arki’s Sanjay Awasthi, Palampur’s Ashish Butel, Doon’s Ram Kumar Chaudhary and Baijnath’s MLA Kishori Lal. Are. The government is giving them the same salary as the car, office, staff and ministers.
Limit of ministers fixed, hence adjustment of MLAs
According to the amendment made in Article 164 of the Indian Constitution, a state cannot have more than 15% ministers of its total number of MLAs. There are 68 MLAs in Himachal Assembly, hence a maximum of 12 ministers can be made here.
The Supreme Court has declared the appointment of parliamentary secretaries illegal
The petition said that the acts related to the appointment of parliamentary secretaries in Himachal and Assam are similar. The Supreme Court has declared the Act related to the appointment of parliamentary secretaries in Assam and Manipur illegal. Despite knowing this, the Congress government of Himachal appointed its MLAs as CPS.
Due to this, the total number of ministers and CPS in the state increased by more than 15%. During the hearing of this case, the High Court has made all the Congress MLAs appointed as CPS as personal defendants on the appeal of the petitioner.
Salary and allowances of Rs 2.25 lakh every month
In the petition filed in the High Court, it was alleged that all the 6 Congress MLAs appointed as CPS are posted on profitable positions. He gets Rs 2 lakh 20 thousand every month as salary and allowances. That means these MLAs are enjoying salary and other facilities equal to the ministers of the state. The petition also demanded repeal of the Himachal Parliamentary Secretary (Appointment, Salary, Allowances, Powers, Privileges and Facilities) Act, 2006.
CPS repealed, welcome step: Bindal
Bharatiya Janata Party State President Rajiv Bindal said that the important decision of the Himachal Pradesh High Court proved how the present Congress government of Himachal Pradesh spent two years illegally appointing Chief Parliamentary Secretaries. There was continuous misuse of Himachal Pradesh’s money, misuse of powers, making 6 Chief Parliamentary Secretaries and giving them powers equal to that of ministers was illegal and against the Constitution. Bindal said that we welcome the decision of the court which directed all the six Chief Parliamentary Secretaries to resign from their posts.
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