Supreme Court defers hearing on CPS case for next week
The Supreme Court deferred the hearing of the CPS case for next week as the matter was fixed for hearing before the apex court today.
Double Bench of Justice Sanjiv Khanna and Justice SVN Bhatti in the court number -3 of SC today.
The state government moved in the SC yesterday with a Transfer petition seeking to club three cases related appointment of CPS pending in Himachal Pradesh High Court with similar petitions pending before the Supreme Court of India related to states of Chhattisgarh, West Bengal, and Punjab.
The counsel for the petitioner in the case before Himachal Pradesh High Court Senior Counsel Satpal Jain was present in SC.
He informed that court no three listed the matter for hearing twice but twice but the counsel for the Himachal government, Manu Singhvi could not appear in the matter, and the court now postponed the hearing for next week.
It is worthwhile to mention that the same matter was also listed for hearing in the Himachal High Court tomorrow ( on Saturday).
In the last hearing, the Himachal government had sought time to file a rebuttal against the argument presented by the petitioners in the High Court.
The counsel for the state and advocate general has submitted before the division bench of Justice Vivek Singh Thakur and Justice Bipin Chander Negi that a senior advocate from Delhi would 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 and against article 164.
According to the amendment made in Article 164 of the Indian Constitution, the number of ministers in any state could 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.
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 organization People for Responsible Governance, the appointment of CPS should therefore be canceled.
It has been alleged that all the CPS are posted on the office of profit as they are being 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.
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 Petioner had given sufficient material on the record to challenge the state appointment of Dy CM and the matter is fixed for hearing in Himachal Pradesh High court tomorrow.
