SHIMLA: The Himachal Pradesh High Court has delivered another blow to the state government reaffirming its  earlier order, striking down the appointments of CPSs in the state.

 A Division Bench of Justice Vivek Singh Thakur and Justice Bipin Chander Negi has quashed the appointments of Chief Parliamentary Secretaries.  

The court ruled that the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act, 2006, is unconstitutional.

It stated that the Act is beyond the legislative powers of the state.  

The verdict came after a petition by People for Responsible Governance (PERGO).

The petition challenged the appointments of several MLAs as Chief Parliamentary Secretaries under the Act. It argued that the appointments violated Article 164(1) of the Constitution.  

The court referred to its earlier order in *Satpal Singh Satti vs. State of Himachal Pradesh*. In that November 13, 2024 judgment, the bench had declared the Act void ab initio. The court had also ruled that those appointed under the Act were “usurpers of public office.”  

Quoting the earlier judgment, the court stated:  

"The impugned Act is beyond the legislative competence of the State Legislature. All actions under this Act, including the appointments, are illegal, unconstitutional, and void from the beginning."*  

The bench added:  
*"The appointees are usurpers of public office. They must cease to hold their positions immediately. Their continuance in office is impermissible in law.”*  

Using the same reasoning, the bench struck down the appointments challenged in this case.

It also declared Section 3(d) of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971, unconstitutional.

This section had attempted to protect the appointments, but the court rejected it.  

Justice Thakur directed the Chief Secretary of Himachal Pradesh to implement the judgment immediately.