Himachal Govt move to Supreme Court to club similar CPS petition in the Apex court
Himachal government has moved the Supreme Court in the matter of the appointment of Chief Parliamentary Secretary (CPS) today.
Advocate Satyapal Jain, who is representing this case in the High Court on behalf of the BJP MLAs, said that the matter would be heard in the Supreme Court on Friday. The top court of the country would hear the transfer petition filled by 3the respondent State seeking the transfer of three different petitions against the CPS and Deputy CM Mukesh Agnihotri from the High Court to the Supreme Court.
The state government has filed a petition with the SC to transfer this case to the Supreme Court from Himachal Pradesh as several other petitions related to other states including Chattisgarh, Punjab, Assam, and Goa are also pending in the Apex court.
The state government move came on two days before the hearing of the CPS appointment matter listed for hearing in the Himachal High Court the day after tomorrow i.e. on Saturday.
In the last hearing, Himachal government had sought time for debate from the High Court. Then it was argued that a senior advocate would be attend it from Delhi to argue the case on behalf of the state. In this case, the petitioner’s lawyers have completed the arguments in the High Court.
Himachal government has set up six CPS. 11 BJP MLAs, People for Responsible Governance organization and a woman have challenged the CPS petition in the court. In the petition, the appointment of CPS has been termed as unconstitutional.
The court has made CPS a personal respondent on the petitioner’s appeal. It was argued in the petition that the acts made for the appointment of Himachal and Assam Parliamentary Secretary are similar.
It is alleged that the government is aware that the Supreme Court has declared the Act made for the appointment of Parliamentary Secretary in Assam and Manipur illegal. Despite this, Himachal government has appointed CPS.
It has been alleged that all the CPS are posted on profitable posts and are paid Rs 2,20,000 per month as salary and allowances.
The petition has sought repeal of the Himachal Parliamentary Secretary (Appointment, Salary, Allowances, Powers, Privileges and Facilities) Act, 2006.
The organization has alleged in the petition that the appointment of CPS is contrary to the provisions of the law. These people are getting the same salary and other facilities as the ministers.
According to the amendment made in Article 164 of the Indian Constitution, the number of ministers in any state cannot exceed 15 percent of the total number of MLAs. After the appointment of CPS in the state, the number of ministers has increased by more than 15 percent.
According to the organization People for Responsible Governance, the appointment of CPS should therefore be canceled.
Chief Minister Sukhu has appointed MLA Sanjay Awasthi from Arki, Sundar Singh Thakur from Kullu, Ram Kumar from Doon, Mohan Lal Barakta from Rohru, Ashish Butel from Palampur and Kishori Lal from Baijnath as CPS.
Deputy Chief Minister Mukesh Agnihotri and senior officers of the Rajbhavan, state government were also made a party in the petition by the 11 BJP MLAs. Dy Chief Minister has also filed an application before the Himachal Pradesh High Court to remove him as a party. But the High court on October 16 rejected the Dy CM’s plea and said that he could not be removed party as the petitioner had given sufficient material on the record to challenge the state appointment of Dy CM and CM and the matter would be fixed for hearing on November 4 after Dusshera holiday.
