The decision of the Himachal Pradesh High Court on Wednesday to abolish the post of Chief Parliamentary Secretaries (CPS) has not only given the Opposition BJP ammunition to target the Congress government in the state but also left Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu in a fix.

Sukhu, who has been under fire from the BJP over “promoting his favourites” through such appointments, is seemingly left with barely any options to “placate” the six former CPS.

A senior Congress leader said the party had decided to appoint its six MLAs as CPS as it did not want to upset them. “When the Sukhu government was formed in December 2022, they (six MLAs) were seen to be not suitable for Cabinet berths but were made CPS to avoid upsetting them,” the leader said.

Admitting that the six Congress MLAs had to be “accommodated” as CPS, another Congress leader, seen as close to the CM, said, “They knew they were being accommodated. Now, the government cannot appoint them as chairpersons of boards or corporations as it would place them in an office of profit.”

The High Court Bench of Justices Vivek Singh Thakur and Bipin Chander Negi, while setting aside the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006, ruled that it violated Article 164 (1-A) of the Constitution, which mandates the size of state Cabinet not to exceed 15% of the Assembly’s strength.

In the case of Himachal Pradesh, which has 68 Assembly seats, the maximum size of the Cabinet is 12. Currently, there are 11 Cabinet ministers, including Sukhu and Deputy CM Mukesh Agnihotri.

The High Court observed that the appointment of the six CPS – Ram Kumar Chaudhary (Doon), Sanjay Awasthi (Arki), Ashish Butail (Palampur), Sunder Singh Thakur (Kullu), Mohan Lal Brakta (Rohru), and Kishori Lal (Baijnath) – was an “indirect attempt” to circumvent Article 164 (1-A) as each CPS was allotted several departments and was entitled to benefits akin to a Cabinet minister.

“Unlike an MLA, a parliamentary secretary has access to official files and participates in the decision making process. The CM has allotted departments to CPSs and attached them to Cabinet ministers… CPSs were also permitted to fly the Tricolour and display the Ashok Chakra emblem on their vehicles and use the government seal/emblem… The distinction between a CPS/ parliamentary secretary and a Cabinet minister is artificial and the posts usurp public property… all facilities must be withdrawn with immediate effect,” the Bench said in its verdict.

Congress sources said if the party high command decides to fill the lone vacant Cabinet berth, preference would be given to a woman legislator. “Currently, there is no woman in the Cabinet. While the former CPS would lobby for the vacant berth, it is unlikely that the high command will take the risk of appointing any of them as it could trigger resentment among others,” sources said even as a Sukhu’s aide claimed there was no such plan as of now.

Currently, there are two woman MLAs from the Congress, both first-time legislators – Anuradha Rana (Lahaul and Spiti) and Sukhu’s wife, Kamlesh Thakur (Dehra) – who won their seats in the recent bypolls.

Sukhu on Thursday said he would study the High Court’s judgment before deciding on his next move, which may include challenging it in the Supreme Court. “I have to go through the verdict. I will discuss it with party MLAs and Cabinet ministers after which a joint decision will be made,” he said as a team of state government counsel led by Himachal Pradesh Advocate General Anup Rattan left for Delhi to seek the advice of senior advocate Kapil Sibal on their next move. “We will move a Special Leave Petition (SLP) in the apex court,” Rattan said.

While the Congress government withdrew privileges granted to the CPS moments after the verdict was pronounced, state BJP vice-president and Kangra MP, Rajiv Bhardwaj, who met Governor Shiv Pratap Shukla on Thursday, urged the government to recover the expenses incurred on the CPS from them.

This is the second time that the High Court has struck down the appointment of CPS in the state. In its August 2005 order, the court had revoked the appointment of eight CPS and four parliamentary secretaries appointed by the then Congress government led by Virbhadra Singh. The court had then ruled that the CM had no authority to make such appointments. The verdict had led to the enactment of the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act, 2006.