In a significant development, the Supreme Court of India has temporarily halted the disqualification proceedings against six Members of the Legislative Assembly (MLAs) from Himachal Pradesh who were appointed as Chief Parliamentary Secretaries (CPS) in 2023. This follows a stay on the Himachal Pradesh High Court’s ruling that had declared such appointments illegal and unconstitutional.
The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, decided to stay the findings of the High Court that allowed the initiation of disqualification proceedings against the six MLAs. These MLAs, appointed by Chief Minister Sukhvinder Singh Sukhu, included Sanjay Awasthi, Sunder Singh, Ram Kumar, Mohan Lal Barakta, Ashish Butail, and Kishori Lal. The court clarified that the stay would not cover the entire November 13 judgement but would specifically prevent further disqualification proceedings as per paragraph 50 of the high court’s order.
In their ruling, the High Court had invalidated the protection from disqualification granted under Section 3(d) of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971, for the office of CPS and parliamentary secretary. It noted that the roles allowed access to official files and participation in decision-making processes, thus constituting an office of profit. However, the Supreme Court’s stay ensures that despite not holding the post of CPS, these MLAs will not be disqualified as members of the legislative assembly pending further proceedings.
During the hearing, senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Anand Sharma represented the Himachal Pradesh government, which contended that there were differing judicial opinions on similar appointments in other states. This divergence had prompted the Supreme Court to issue notices on the state government’s appeal, seeking to maintain status quo until further adjudication. The next hearing is scheduled for a month from now, allowing time for BJP leader Kalpana Devi and the state government to file their responses.
The issue of CPS appointments in Himachal Pradesh has been contentious, with the high court earlier quashing the appointment of parliamentary secretaries twice. The court had declared the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006, as void. During the proceedings, the court noted that the appointment of CPS was beyond the legislative competence of the state legislature, a position that was echoed by the Supreme Court’s recent stay order.
This stay by the top court brings a temporary relief to the Himachal Pradesh government and the MLAs concerned, allowing them to continue their roles without the immediate threat of disqualification. The court’s decision highlights the ongoing legal debates surrounding the status of parliamentary secretaries in various states, especially concerning their involvement in governance and decision-making processes.
Sources By Agencies
