In Himachal, why HC quashing of 6 Congress MLAs as CPS has landed Sukhu in a spot

A elder Congress person said the enactment had decided to name its six MLAs arsenic CPS arsenic it did not privation to upset them. “When the Sukhu authorities was formed successful December 2022, they (six MLAs) were seen to beryllium not suitable for Cabinet berths but were made CPS to debar upsetting them,” the person said.

Admitting that the six Congress MLAs had to beryllium “accommodated” arsenic CPS, different Congress leader, seen arsenic adjacent to the CM, said, “They knew they were being accommodated. Now, the authorities cannot name them arsenic chairpersons of boards oregon corporations arsenic it would spot them successful an bureau of profit.”

The High Court Bench of Justices Vivek Singh Thakur and Bipin Chander Negi, portion mounting speech the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006, ruled that it violated Article 164 (1-A) of the Constitution, which mandates the size of authorities Cabinet not to transcend 15% of the Assembly’s strength.

In the lawsuit of Himachal Pradesh, which has 68 Assembly seats, the maximum size of the Cabinet is 12. Currently, determination are 11 Cabinet ministers, including Sukhu and Deputy CM Mukesh Agnihotri.

The High Court observed that the assignment 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 “indirect attempt” to circumvent Article 164 (1-A) arsenic each CPS was allotted respective departments and was entitled to benefits akin to a Cabinet minister.

“Unlike an MLA, a parliamentary caput has entree to authoritative files and participates successful the determination making process. The CM has allotted departments to CPSs and attached them to Cabinet ministers… CPSs were besides permitted to alert the Tricolour and show the Ashok Chakra emblem connected their vehicles and usage the authorities seal/emblem… The favoritism betwixt a CPS/ parliamentary caput and a Cabinet curate is artificial and the posts usurp nationalist property… each facilities indispensable beryllium withdrawn with contiguous effect,” the Bench said successful its verdict.

Congress sources said if the enactment precocious bid decides to capable the lone vacant Cabinet berth, penchant would beryllium fixed to a pistillate legislator. “Currently, determination is nary pistillate successful the Cabinet. While the erstwhile CPS would lobby for the vacant berth, it is improbable that the precocious bid volition instrumentality the hazard of appointing immoderate of them arsenic it could trigger resentment among others,” sources said adjacent arsenic a Sukhu’s adjutant claimed determination was nary specified program arsenic of now.

Currently, determination are 2 pistillate MLAs from the Congress, some first-time legislators – Anuradha Rana (Lahaul and Spiti) and Sukhu’s wife, Kamlesh Thakur (Dehra) – who won their seats successful the caller bypolls.

Sukhu connected Thursday said helium would survey the High Court’s judgement earlier deciding connected his adjacent move, which whitethorn see challenging it successful the Supreme Court. “I person to spell done the verdict. I volition sermon it with enactment MLAs and Cabinet ministers aft which a associated determination volition beryllium made,” helium said arsenic a squad of authorities authorities counsel led by Himachal Pradesh Advocate General Anup Rattan near for Delhi to question the proposal of elder advocator Kapil Sibal connected their adjacent move. “We volition determination a Special Leave Petition (SLP) successful the apex court,” Rattan said.

While the Congress authorities withdrew privileges granted to the CPS moments aft the verdict was pronounced, authorities BJP vice-president and Kangra MP, Rajiv Bhardwaj, who met Governor Shiv Pratap Shukla connected Thursday, urged the authorities to retrieve the expenses incurred connected the CPS from them.

This is the 2nd clip that the High Court has struck down the assignment of CPS successful the state. In its August 2005 order, the tribunal had revoked the assignment of 8 CPS and 4 parliamentary secretaries appointed by the past Congress authorities led by Virbhadra Singh. The tribunal had past ruled that the CM had nary authorization to marque specified appointments. The verdict had led to the enactment of the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act, 2006.