The choice of the Himachal Pradesh Excessive Courtroom on Wednesday to abolish the submit of Chief Parliamentary Secretaries (CPS) has not solely given the Opposition BJP ammunition to focus on the Congress authorities within the state but additionally left Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu in a repair.
Sukhu, who has been underneath fireplace from the BJP over “selling his favourites” via such appointments, is seemingly left with barely any choices to “placate” the six former CPS.
A senior Congress chief mentioned the social gathering had determined to nominate its six MLAs as CPS because it didn’t wish to upset them. “When the Sukhu authorities was fashioned in December 2022, they (six MLAs) have been seen to be not appropriate for Cupboard berths however have been made CPS to keep away from upsetting them,” the chief mentioned.
Admitting that the six Congress MLAs needed to be “accommodated” as CPS, one other Congress chief, seen as near the CM, mentioned, “They knew they have been being accommodated. Now, the federal government can’t appoint them as chairpersons of boards or companies as it will place them in an workplace of revenue.”
The Excessive Courtroom Bench of Justices Vivek Singh Thakur and Bipin Chander Negi, whereas setting apart the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Facilities) Act, 2006, dominated that it violated Article 164 (1-A) of the Structure, which mandates the dimensions of state Cupboard to not exceed 15% of the Meeting’s energy.
Within the case of Himachal Pradesh, which has 68 Meeting seats, the utmost dimension of the Cupboard is 12. At present, there are 11 Cupboard ministers, together with Sukhu and Deputy CM Mukesh Agnihotri.
The Excessive Courtroom noticed that the appointment of the six CPS – Ram Kumar Chaudhary (Doon), Sanjay Awasthi (Arki), Ashish Butail (Palampur), Sunder Singh Thakur (Kullu), Mohan Lal Brakta (Rohru), and Kishori Lal (Baijnath) – was an “oblique try” to avoid Article 164 (1-A) as every CPS was allotted a number of departments and was entitled to advantages akin to a Cupboard minister.
“Not like an MLA, a parliamentary secretary has entry to official information and participates within the determination making course of. The CM has allotted departments to CPSs and hooked up them to Cupboard ministers… CPSs have been additionally permitted to fly the Tricolour and show the Ashok Chakra emblem on their autos and use the federal government seal/emblem… The excellence between a CPS/ parliamentary secretary and a Cupboard minister is synthetic and the posts usurp public property… all services have to be withdrawn with rapid impact,” the Bench mentioned in its verdict.
Congress sources mentioned if the social gathering excessive command decides to fill the lone vacant Cupboard berth, desire could be given to a lady legislator. “At present, there is no such thing as a girl within the Cupboard. Whereas the previous CPS would foyer for the vacant berth, it’s unlikely that the excessive command will take the danger of appointing any of them because it might set off resentment amongst others,” sources mentioned whilst a Sukhu’s aide claimed there was no such plan as of now.
At present, there are two girl MLAs from the Congress, each first-time legislators – Anuradha Rana (Lahaul and Spiti) and Sukhu’s spouse, Kamlesh Thakur (Dehra) – who gained their seats within the latest bypolls.
Sukhu on Thursday mentioned he would examine the Excessive Courtroom’s judgment earlier than deciding on his subsequent transfer, which can embody difficult it within the Supreme Courtroom. “I’ve to undergo the decision. I’ll talk about it with social gathering MLAs and Cupboard ministers after which a joint determination might be made,” he mentioned as a crew of state authorities counsel led by Himachal Pradesh Advocate Basic Anup Rattan left for Delhi to hunt the recommendation of senior advocate Kapil Sibal on their subsequent transfer. “We’ll transfer a Particular Depart Petition (SLP) within the apex courtroom,” Rattan mentioned.
Whereas the Congress authorities withdrew privileges granted to the CPS moments after the decision was pronounced, state BJP vice-president and Kangra MP, Rajiv Bhardwaj, who met Governor Shiv Pratap Shukla on Thursday, urged the federal government to get well the bills incurred on the CPS from them.
That is the second time that the Excessive Courtroom has struck down the appointment of CPS within the state. In its August 2005 order, the courtroom had revoked the appointment of eight CPS and 4 parliamentary secretaries appointed by the then Congress authorities led by Virbhadra Singh. The courtroom had then dominated that the CM had no authority to make such appointments. The decision had led to the enactment of the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Facilities) Act, 2006.
