SC stays disqualification of HP MLAs appointed as chief Parl secretaries
New Delhi: In a relief to Chief Minister Sukhvinder Singh Sukhu-led Himachal Pradesh government, the Supreme Court on Friday stayed the initiation of disqualification proceedings against six MLAs who were appointed as chief parliamentary secretaries in 2023.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar stayed the findings of the Himachal Pradesh High Court that held as illegal and unconstitutional the protection from disqualification granted to the MLAs for being chosen as chief parliamentary secretary (CPS) and parliamentary secretary (PS) under a state law and cleared the way for initiation of disqualification proceedings as MLAs for holding office of profit.
Following the stay of the top court, though the six MLAs will not hold the post of CPS, they will not be disqualified as members of the legislative Assembly. The bench said it was not staying the entire November 13 judgement of the high court but only paragraph 50 of the verdict that paved way for the initiation of disqualification proceedings of the MLAs.
“Till the next date of hearing, no further proceedings in pursuant to paragraph 50 of the impugned judgement shall take place,” the bench directed while issuing notice on the state government’s plea challenging the high court’s verdict.
Paragraph 50 of the 33-page high court verdict stated, “Protection granted to such appointment to the office of Chief Parliamentary Secretary/or Parliamentary Secretary as per Section 3 with Clause (d) of Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971 is also declared illegal and unconstitutional and thus, claim of such protection under above referred Section 3(d) is inconsequential. Natural consequences and legal implications whereof shall follow forthwith in accordance with law.”
Section 3 with Clause (d) of the 1971 law grants protection to the MLAs from being disqualified for being chosen to the office of CPS or PS.
The top court further made it clear to the Sukhu government to not make any further appointment of chief parliamentary secretaries or parliamentary secretaries saying “it will be contrary to law”.
The bench sought the response of BJP leader Kalpana Devi, who has moved the high court challenging the appointment of chief parliamentary secretaries along with several other BJP leaders.
The top court posted the hearing after a month while granting two weeks to Devi to file her response and the state government to file its rejoinder, respectively.
The bench tagged the state government’s plea filed through advocate Sugandha Anand along with other pending petitions in the top court and observed that contrary views have been taken by different high courts. Sukhu appointed the six chief parliamentary secretaries -- Sanjay Awasthi, the MLA from the Arki Assembly constituency, Sunder Singh from Kullu, Ram Kumar from Doon, Mohan Lal Barakta from Rohru, Ashish Butail from Palampur and Kishori Lal
from Baijnath -- on January 8, 2023, ahead of his cabinet expansion.
