SATPAL SINGH SATTI AND OTHERS vs STATE OF HP AND OTHERS

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2024 Supreme(Online)(HP) 8465

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Bipin Chander Negi, JJ.
SATPAL SINGH SATTI AND OTHERS – Appellant
Versus
STATE OF HP AND OTHERS – Respondent

For the Petitioners:Mr. Maninder Singh & Mr.Ankush Dass Sood, Senior Advocates along with M/s Vir Bahadur Verma, Ankit Dhiman, Prabhas Bajaj, Ragasanan Mohan, Gaurav Chaudhary, Tarun Mehta, Mukul Sharma, Ms. Prajwal Busta, Advocates M/s Sanjay Kumar & Mr. Rakesh Kumar Sharma, Advocates. For the respondents:Mr. Dushyant Dave, Senior Advocate (through Video Conferencing) with Mr.Navlesh Verma, Additional Advocate General for respondents No.1& 3-State. Mr.Ashwani Chawla, Advocate, for respondent No.2. Respondent No.4 stands deleted vide order dated 20.12.2023. Mr. Deven Khanna, Advocate, for respondent No.5. Mr. Ajay Sharma, Sr. Advocate with Mr.Atharv Sharma, Advocate, for respondent No.6-Mohan Lal Brakta. Mr. P.P. Chauhan, Advocate (through Video Conferencing) Ms. Shikha Rajta and Mr.Sahil Verma, Advocates, for respondent No.8- Ashish Butail. Mr. Virender Singh Chauhan, Sr. Advocate with M/s Vikram Thakur, Arsh Chauhan, Ms. Bhanvi Negi and Mr.Vanshaj Azad, Advocates, for respondents No.7 and 9. Mr. Neeraj Gupta, Sr. Advocate with M/s Pranjal Munjal and Vedhant Ranta, Advocates, for respondent No.10. Mr. Vivek Krishan Tankha, Senior Advocate (Through Video Conferencing) along with M/s Nalvesh Verma, and Puneet Rajta, Additional Advocates General and Mr. Vipul Tiwari, Advocate, for respondents No.1 and 2. Respondent No.3 stands deleted vide order dated 19.5.2023. Mr. Deven Khanna, Advocate, for respondent No.4. Mr. Ajay Sharma, Sr. Advocate with Mr.Atharv Sharma, Advocate for respondent No.5. Mr. V.S. Chauhan, Sr. Advocate with Mr.Vikram Thakur, Arsh Chauhan, Ms.Bhanvi Negi and Mr.Vanshaj Azad, Advocates, for respondents No.6 and 8. Mr. P.P. Chauhan, Advocate (through Video Conferencing) with Ms.Shikha Rajta and Mr.Sahil Verma, Advocates, for respondent No.7. Mr. Neeraj Gupta, Sr. Advocate with M/s Pranjal Munjal and Vedhant Ranta, Advocates, for respondent No.9.

JUDGMENT

Bipin Chander Negi, Judge

Since in these petitions the issue to be adjudicated is common, hence these petitions are being taken together for adjudication. The sole question for consideration in the present petitions is the Legislative competence of the Legislature of Himachal Pradesh to make the impugned Act i.e The Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006 (Act No. 1 of 2007) (hereinafter for purpose of brevity referred to as the Act), which received the assent of the Governor on the 23rd January, 2007 and was published in Hindi and English in the Rajpatra, Himachal Pradesh (Extraordinary), dated 24th January, 2007, (pp. 9895-9904).

2. By virtue of the impugned Act an office of a Parliamentary Secretary for a Member of the Himachal Pradesh Legislative Assembly in the State of Himachal Pradesh has been created.

3. In CWP No 2507 of 2013, petitioners are the Members of Legislative Assembly of Himachal Pradesh, who belong to the Bhartiya Janta Party. Respondent No.1 is the State of Himachal Pradesh, which has been sued through the Chief Secretary to the Government of Himachal Pradesh. Respondent No.

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2024 Supreme(Online)(HP) 8465

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLAVivek Singh Thakur, Bipin Chander Negi, JJ.SATPAL SINGH SATTI AND OTHERS – AppellantVersusSTATE OF HP AND OTHERS – Respondent

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Bipin Chander Negi, JJ.
SATPAL SINGH SATTI AND OTHERS – Appellant
Versus
STATE OF HP AND OTHERS – Respondent