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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 the CPS. While giving 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 they will remain MLAs.
They challenged CPS
According to the information, Chief Minister Sukhvinder Sukhu had appointed 6 Congress MLAs as Chief Parliamentary Secretaries (CPS). Apart from Kalpana, 11 MLAs of the state’s main opposition party BJP and the People for Responsible Governance organization had also filed a petition in the High Court calling the appointment of CPS unconstitutional. On their petition, the High Court had given an interim order in January that the CPS should not use the powers like ministers.
In this case, the state government has also knocked the door of the Supreme Court and has requested to club it with the CPS case 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 were made CPS
The 6 Congress MLAs whom CM Sukhu has made CPS 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. The government is providing them with vehicles, offices, staff and salary equal to that of ministers.
Limit of ministers is fixed, hence adjustment of MLAs
According to the amendment made in Article 164 of the Indian Constitution, a state cannot have more than 15% of the total number of its MLAs as ministers. There are 68 MLAs in the 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 the same. The Supreme Court has declared illegal the Act related to the appointment of Parliamentary Secretaries in Assam and Manipur. 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 to more than 15%. During the hearing of this case, the High Court has made all the Congress MLAs who became CPS as personal respondents on the appeal of the petitioner.
Salary and allowance of Rs 2.25 lakh every month
In the petition filed in the High Court, it was alleged that all the 6 Congress MLAs who were made CPS are posted on posts of profit. They get Rs 2 lakh 20 thousand every month as salary and allowance. That is, these MLAs are taking advantage of salary and other facilities equal to the ministers of the state. In the petition, a demand was also made to cancel the Himachal Parliamentary Secretary (Appointment, Salary, Allowances, Powers, Privileges and Facilities) Act, 2006.
CPS cancelled, welcome step: Bindal
State President of Bharatiya Janata Party Rajiv Bindal said that the important decision of Himachal Pradesh High Court has proved how the present Congress government of Himachal Pradesh spent two years appointing Chief Parliamentary Secretaries illegally. Himachal Pradesh’s money was misused continuously, powers were misused, appointing 6 Chief Parliamentary Secretaries and giving them powers equal to ministers was illegal, against the Constitution. Bindal said that we welcome the decision of the court which directed to vacate the post of all 6 Chief Parliamentary Secretaries.
