Himachal Pradesh: CPS will not work like ministers, nor will they take facilities, High Court orders
The Himachal Pradesh High Court, after hearing a petition challenging the appointments of Chief Parliamentary Secretaries (CPS), has issued an interim order, barring all CPS from enjoying ministerial facilities and functioning like ministers, but they will continue to remain CPS. The hearing on this case will now be held on March 11 before the division bench of Justice Vivek Singh Thakur and Justice Sandeep Sharma.
On behalf of State Advocate General Anup Ratna, it was told that these CPS are not being given any kind of ministerial luxuries as per law. As per the Himachal Pradesh Parliamentary Secretaries (Appointment, Salary, Allowances, Powers, Privileges and Facilities) Act 2006, the CPS is already barred from acting as a minister. There are differences in the rules made for CPS in Assam and Himachal Pradesh. For this reason, there is no justification for removing CPS in view of the rules of Assam. Citing the decision of the Chhattisgarh High Court, the Advocate General made it clear that the rules made for CPS in the state are on the lines of Chhattisgarh, whereas the Chhattisgarh High Court has already justified the appointment of CPS. It is noteworthy that 12 BJP MLAs including BJP leader Satpal Satti have challenged the appointment of CPS. In the petition, the appointment of CPS Sanjay Awasthi from Arki assembly constituency, Sundar Singh from Kullu, Ram Kumar from Doon, Mohan Lal Brakta from Rohru, Ashish Butail from Palampur and Kishori Lal from Baijnath has been challenged.
A stay application was given in the High Court, orders were given to stop the works
BJP leader and senior advocate Satpal Jain said that the present Congress government had made six of its MLAs CPS, against which he has sent a petition to the High Court. Hearing regarding this has been held 13 times. It has been said in the petition that there is no provision for the post of CPS in the Constitution and under Article 164 of the Constitution of India, not more than 15 percent of the cabinet can be formed in the state, due to which the number in Himachal can be only 12. After making CPS this number reaches 17-18. He said that a stay application had been submitted in the High Court, requesting that the actions of the CPS be stayed. Today the decision has come on this application and the High Court has banned CPS from taking work and facilities on the status of ministers. Now their six CPS will not get any facility of ministerial status. Rest of the things will be revealed in the court’s decision by Thursday. They will have to give up all their facilities. He said that the next hearing regarding this case will be held on March 12.
