Himachal high court issues notice to six CPS appointees, Sukhvinder Sukhu govt

Soon after forming the Congress govt, chief minister Sukhvinder Singh Sukhu appointed MLAs Ram Kumar, Sanjay Awasthi, Sunder Singh Thakur, Mohan Lal Brakta, Ashish Butail and Kishori Lal as chief parliamentary secretaries, which the petitioner has termed unconstitutional, burden on exchequer

The Himachal Pradesh high court has issued notices to the six chief parliamentary secretaries (CPS) and the Sukhvinder Singh Sukhu-led Congress government over their appointments and sought a reply within three weeks.

The petitioner alleged that the chief minister cannot appoint chief parliamentary secretaries as there is no such provision for it in the Constitution. (Representational photo)

A division bench of justice Sandeep Sharma and justice Virender Singh passed the orders on a civil writ petition filed by an organisation, the People for Responsible Governance (PeRGO), challenging the appointments after terming them unconstitutional.

Soon after forming the government in December, chief minister Sukhu appointed MLAs Ram Kumar, Sanjay Awasthi, Sunder Singh Thakur, Mohan Lal Brakta, Ashish Butail and Kishori Lal as chief parliamentary secretaries.

The petitioner alleged that the chief minister cannot appoint CPSs as there is no such provision for it in the Constitution.

Moreover, it said, these appointments would put a burden of more than ₹10 crore annually on the state exchequer.

PeRGO, through its petition, alleged that the respondents (CPSs) were re de-facto ministers enjoying all facilities and amenities of ministers, thereby defeating the purpose of constitutional amendments inserted by the 91st Amendment Act, 2003.

“It amounts to huge burden on the state exchequer. The payment of their salary is without any sanction of law and is a drain on the exchequer,” the plea said, adding that each CPS is paid ₹2.2 lakh a month as salary and allowances

A 2005 case was cited in which the appointment of then chief parliamentary secretaries in Punjab was challenged. The court quashed the appointments of the chief parliamentary secretaries and parliamentary secretaries as the Constitution did not vest any such powers in the chief minister.

The organisation had challenged the Himachal Parliamentary Secretary (appointment, salary, allowances, powers, privileges and facilities) Act, 2006, through a writ petition in 2016.

That case is still pending in the high court. At that time, the petitioner made the erstwhile nine CPS respondents. Now the court has been told, through the application, that the old government has changed and it is necessary to make the new CPSs a respondent to dispose of the case.

The petitioners alleged that the government is aware that the Supreme Court has ruled the appointment of parliamentary secretaries in Assam and Manipur unconstitutional.

The petition has sought repealing the Himachal Pradesh Parliamentary Secretaries Act, 2006.

The matter is listed for hearing on May 19.

“Similar law in the case of Assam parliamentary secretaries had been declared to be unconstitutional by the Supreme Court in 2018. The law enacted by HP legislature is pari materia with the Assam Act. So, on the same lines, this law is also unconstitutional. We are now five years ahead of the Supreme Court judgment. It is expected that the high court hears this case expeditiously so that wasteful expenditure out of the state exchequer is curtailed,” said senior advocate Rajnish Maniktala, whose also heads PeRGO.