A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ordered that no further proceedings should take place based on the High Court’s decision to quash the appointments of six MLAs as CPS. However, the bench emphasized that the state government must refrain from making any new appointments, as this would be unlawful.
New Delhi: The Supreme Court on Friday(22nd Nov) stayed the disqualification of six Chief Parliamentary Secretaries (CPS) appointed by the Sukhvinder Singh Sukhu-led Himachal Pradesh government.
The Court stayed the Himachal Pradesh High Court’s ruling, which had declared the power to appoint Chief Parliamentary Secretaries and Parliamentary Secretaries in the state unconstitutional.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ordered that no further proceedings should take place based on the High Court’s decision to quash the appointments of six MLAs as CPS. However, the bench emphasized that the state government must refrain from making any new appointments, as this would be unlawful.
Additionally, the Supreme Court issued a notice to BJP leader Kalpana Devi, who had challenged these appointments in the High Court, asking her to respond within two weeks.
The matter is scheduled for hearing in four weeks and has been tagged with similar pending petitions in the apex court.
Earlier, the Himachal Pradesh High Court ruled on Wednesday (14th Nov) the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act, 2006, as unconstitutional, declaring all Chief Parliamentary Secretary (CPS) positions invalid.
This ruling mandates the immediate cessation of CPS roles and withdrawal of all associated privileges.
The state government and CPSs have announced plans to appeal to the Supreme Court. The judgment was delivered by a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Singh Negi, who found the Act lacked constitutional validity.
The bench asserted, “The appointments, salaries, allowances, powers, privileges, and amenities under the 2006 Act are void.”
This ruling followed a legal challenge from ten BJP MLAs, led by Satpal Sati, who argued the Act violated constitutional provisions.
Representing the petitioners, Advocate Veerbahadur Verma commented, “The HC has declared the 2006 Act unconstitutional and ordered the immediate removal of CPS privileges… If appealed in the SC, relief is unlikely.”
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