In a significant legal development, the Supreme Court has partially stayed the Himachal Pradesh High Court’s order, which had annulled the appointment of six parliamentary secretaries in the state. The apex court’s decision came on the state government's petition challenging the High Court's ruling, effectively halting the disqualification proceedings against the appointed legislators.
The Himachal Pradesh government had filed an appeal against the High Court's order, which had declared the appointments of the six parliamentary secretaries as illegal, ruling that these positions violated constitutional norms. The state government argued that the appointments were made within the bounds of law, and sought an immediate stay on the High Court's decision.
In its ruling, the Supreme Court has maintained the status quo, allowing the appointed legislators to continue holding office for the time being. However, the Court has made it clear that until the final decision is made, no new appointments will be allowed to the post of parliamentary secretary in Himachal Pradesh.
The Supreme Court bench, consisting of Chief Justice Sanjeev Khanna and Justice Sanjay Kumar, issued notices to the petitioners who had challenged the High Court’s decision. The petitioners have been directed to respond within two weeks.
The legal dispute arises from the High Court’s decision on November 13, which nullified the appointments of six legislators to the position of parliamentary secretaries, deeming them unconstitutional. These positions were considered a violation of the principles laid out by the apex court regarding the creation of such posts.
The Supreme Court's decision has drawn attention to similar petitions in other states, including Chhattisgarh, Punjab, and West Bengal, where similar issues regarding the appointment of parliamentary secretaries have arisen. The Court noted that these cases would be considered collectively, as they involve similar legal questions.
For now, the status of the six parliamentary secretaries in Himachal Pradesh remains uncertain as the matter is set to be further examined by the Supreme Court. The outcome of this case could have significant implications for the future of parliamentary secretaries across various states in India.
The Himachal Pradesh government had expressed dissatisfaction with the High Court's ruling, describing it as erroneous and seeking an immediate stay. The case will now continue to unfold in the Supreme Court, with further hearings expected in the coming weeks.
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