6 Chief Parliamentary Secretaries removed from Himachal, High Court orders removal, government will go to Supreme Court
A big decision of the High Court has come regarding the appointment of six Chief Parliamentary Secretaries in Himachal Pradesh. The High Court has repealed the Himachal Pradesh Parliamentary Secretary Act 2006. Along with this, the appointments of the current six Chief Parliamentary Secretaries have also been cancelled and orders have been given to remove them and now they will not be able to work as Chief Parliamentary Secretaries.
Shimla, November 13: A big decision of the High Court has come regarding the appointment of six Chief Parliamentary Secretaries in Himachal Pradesh. The High Court has repealed the Himachal Pradesh Parliamentary Secretary Act 2006. Along with this, the appointments of the current six Chief Parliamentary Secretaries have also been cancelled and orders have been given to remove them and now they will not be able to work as Chief Parliamentary Secretaries.
The High Court has declared the appointment of the Chief Parliamentary Secretary illegal. Also, the Chief Secretary has been ordered to withdraw all the facilities being given to them as Chief Parliamentary Secretaries with immediate effect. The division bench of Justice Vivek Singh Thakur and Justice BC Negi gave these orders while hearing three separate petitions on Wednesday. After this decision, the Sukhu government of the ruling Congress has suffered a major setback. Sukhu government had appointed six MLAs as Chief Parliamentary Secretaries last year.
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In the case of Chief Parliamentary Secretaries, a petition was filed in the year 2016 by the People for Responsible Governance organization. The second petition in the court was filed by Kalpana and the third by 11 other BJP MLAs including BJP leader former CPS Satpal Satti.
In the petition filed by 12 BJP MLAs including BJP leader Satpal Satti, the appointment of CPS Sanjay Awasthy from Arki assembly constituency, Sunder Singh from Kullu, Ram Kumar from Doon, Mohan Lal Brakta from Rohru, Ashish Butail from Palampur and Kishori Lal from Baijnath to the post of Chief Parliamentary Secretary was challenged.
The applicants challenged the law related to the appointment of CPS and questioned the ability of the government to make this law. The applicants said that the appointments of CPS in the state are contrary to the decisions of the Supreme Court, hence the work done by them is also illegal. Not only this, the salary taken by them illegally should also be taken back. The applicants pleaded for a stay on the appointments of CPS and said that they do not have the right to remain in the post even for a moment.
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On the other hand, Advocate General Anup Rattan in the High Court said that the government will challenge the decision of the High Court in the Supreme Court and the government will present its side in the Supreme Court. The High Court has ordered the removal of CPS by abolishing the CPS Act 2006. The High Court has given its decision citing the Assam case, against which the government will challenge in the Supreme Court because the CPS Act in Himachal Pradesh was different from the Assam Act. In the Assam Act, CPS was getting the same powers and facilities as a minister but in Himachal, CPS did not have such powers, so the government will go to the Supreme Court against the decision of the High Court.
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