Himachal Chief Parliamentary Secretary (CPS) case will be heard in the Supreme Court (SC) today. The Congress government has challenged the decision of the Himachal High Court by filing a petition in the Supreme Court. At the same time, BJP has also filed a caveat in this matter, so that the Congress government
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A caveat has been filed by BJP’s Chaupal MLA Balveer Verma. This case will be heard in the court of Chief Justice Sanjeev Khanna. Senior advocate Kapil Sibal will represent this case on behalf of the state government.
The state government has argued that the Himachal High Court has given its verdict on the basis of the case of Bimalonshu Rai vs. Assam, whereas the CPS Act of Himachal and Assam was different.
Himachal’s Advocate General Anup Ratna said that the state government also gave these arguments in the High Court. But those arguments were not taken into much consideration at the time of judgment. On this ground the government has challenged in the Supreme Court. On November 13, the High Court had repealed the Himachal Parliamentary Secretary (Appointment, Salary, Allowances, Powers, Privileges and Facilities) Act, 2006.
Sukhu had put them under CPS Chief Minister Sukhwinder Singh Sukhu had made 6 Congress MLAs Sanjay Awasthi from Arki, Sundar Singh Thakur from Kullu, Kishori Lal from Baijnath, ML Brakta from Rohru, Ram Kumar Choudhary from Doon and Ashish Kumar from Palampur as CPS.
He challenged in the High Court Apart from a woman named Kalpana, 11 BJP MLAs and People for Responsible Governance organization had challenged the appointment of CPS in the Himachal High Court, terming it unconstitutional. Under Article 164 (1) A of the Constitution, the appointment of ministers in the assembly of any state is prohibited. The number should not exceed 15 percent.
There are 68 MLAs in Himachal, so only a maximum of 12 ministers can be made here. Despite this, there are a total of 11 ministers in the state government including CM, Deputy CM, which together with 6 CPS makes 17. This was challenged in three petitions.
On November 13, the High Court gave its verdict on the petition of Kalpana and 11 BJP MLAs, while on Wednesday (November 20) the court gave orders on the petition of People for Responsible Governance organization.
After the orders of the High Court, CPS was formed and the MLAs had returned their vehicles.
Crisis on membership of MLAs There is still a crisis on the legislature of 6 former CPS. BJP is preparing to challenge their membership calling it an office of profit and is taking opinion from legal experts. BJP leaders believe that now the protection provided in the CPS Act has also ended. Because the court has also declared Section 3 (D) of the Himachal Pradesh Legislative Assembly Member Disqualification Act 1971 as unconstitutional. Under this, the post of CPS was given protection.
CPS Act was repealed in the year 2005 CPS Act has been repealed for the second time in Himachal. Earlier in the year 2005 also, the court repealed the CPS Act. After this the state government made the new CPS Act 2006. Even in 2005, the Congress government had imposed 12 CPS. In the year 2009, the former Dhumal government imposed 3 CPS in the state. Then Una MLA Satpal Satti, Paonta MLA Sukhram Chaudhary and Kutlaihar MLA Virendra Kanwar were made CPS.
There was another change of government in the state in 2012 and Chief Minister Virbhadra Singh imposed 9 CPS in 2013. Virbhadra Singh made Neeraj Bharti, Rajesh Dharmani, Vinay Kumar, Jagjivan Pal, Nand Lal, Rohit Thakur, Sohan Lal Thakur, Indradutt Lakhanpal and Mansa Ram as CPS.
Former BJP government appointed Chief Whip and Deputy Chief Whip, not CPS During this period, cases regarding appointment of CPS reached the Supreme Court in many states of the country. In 2017, there was another change of power in the state. Then the BJP government formed under the leadership of Jairam did not impose CPS. But appoint Chief Whip and Deputy Chief Whip. A petition challenging the appointment of Chief Whip and Deputy Chief Whip is also currently pending in the Himachal High Court. Congress government was formed in December 2022. CM Sukhu first administered oath to 6 CPS before cabinet expansion and oath of ministers.
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