Shimla, Nov 13 (PTI) In a jolt to Chief Minister Sukhvinder Singh Sukhu, the Himachal Pradesh High Court on Wednesday quashed the appointment of six chief parliamentary secretaries (CPSs) and declared the law under which the appointments were made as void.
A division bench of the high court comprising Justices Vivek Thakur and B C Negi also directed that all the facilities and privileges of these CPSs be withdrawn with immediate effect.
The court declared the Himachal Pradesh Parliamentary Secretaries (Appointment, salaries, allowance, powers, privileges and Amendments) Act, 2006 as void.
Pronouncing the judgment, Justice Bipin Chander Negi said the posts are usurpers of public office and all facilities be withdrawn with immediate effect.
Chief Minister Sukhu had appointed six CPSs -- Sanjay Awasthi from Arki Assembly, 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 cabinet expansion.
"The impugned Act is quashed as being beyond the legislative competence of the state legislature and consequently all subsequent actions, including the appointment six CPS are held and declared illegal, unconstitutional, void ab initio and accordingly set aside," the order said.
The order further said, "Since the Act is void ab initio, the respondents (CPS) are usurpers of public office right from their inception and thus their continuance in the office, based on illegal and unconstitutional appointment, is completely impermissible and from now onwards, they cease to be holder of the offices of the CPS with all the consequences."
The protection granted to such appointment to the office of chief parliamentary secretary or parliamentary secretary according to Section 3 read 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 Section 3(d) is inconsequential and natural consequences and legal implications whereof shall follow forthwith in accordance with law, the order said.
After day-to-day hearing of cases seeking quashing of appointments of CPS, the court had concluded the hearing in June and reserved the judgment.