Himachal High Court deprived 6 CPS of enjoying the facilities of cabinet-rank ministers
Himachal Pradesh High Court today directed the state government and deprived six chief parliamentary secretaries of getting benefits and facilities on the line of Cabinet rank ministers and they could not perform the role of Ministry as well.
Addressing a press conference here today the counsel for the petitioner 11 BJP MLA senior counsel Satya Jain said that the division bench of Justice Vivek Singh Thakur and Justice Sandeep Sharma passed an Interim order restraining the six Chief Parliamentary Secretaries to continue have all the facilities like salaries and others benefits provided to cabinet rank minister and they could not also function as council of ministers and could hand over their duties.
He said that the court said that under Article 164 of the Indian constitution, the size of the council of ministers couldn’t exceed 15 percent of the legislature and it is a violation of the article if they draw the salaries and benefits online with cabinet rank ministers’ with effect to court order passed today.
He said that the petitioner had quoted the judgment of SC pronounced in a similar appointment by the Assam which quashed the appointment. He said that they also contended and placed material before the court that a similar appointment by the states of Manipur, Punjab, and Delhi was struck down by the court.
He said that the court made clear in the Interim order that the appointment of CPS could not be held constitutional and they couldn’t be allowed to enjoy the benefits provided to other ministers under article 164.
Mr. Jain said that the court has reserved the final verdict in the matter and it is likely to produce a details final order on the BJP MLAs’ petition on March 12, 2024.
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 was removed from the party in the matter as the petitioner didn’t press on the appointment and the high court disarrayed him as a party from the case.
