HC seeks reply over appointment of CW & DCW in HP Assembly

Himachal Pradesh High court sought reply from state of Himachal Pradesh in the matter of appointment of MLA Bikram Singh Jaryal to the post of Chief Whip and Kamlesh Kumari as Deputy Chief Whip.  The division bench of Chief Justice Mohammad Rafiq and Justice Sandeep Sharma passed the above orders on Wednesday while accepting a petition filed by Tek Chand and other three applicants challenge the both appointment. High court has summoned the reply from the state with notice of three weeks in the matter. The petitioners have requested the HC to declare the both appointe’s Salary Allowance and Other Facilities Act 2018  unconstitutional.  The applicants have also demanded quashing of the notification regarding their appointments.  The petition contended before the court that an amendment made in Article 164 of the Constitution of India, restraint the states to confine the size of number of members of council or ministers as it couldn’t exceed 15 percent of the total number of MLAs.  Petitioner alleged that State Government has enacted Salary Allowances and Other Benefits of Chief Whip and Deputy Chief Whip in Legislative Assembly of Himachal Pradesh Act 2018, under which provision has been made for the appointment of Chief Whip and Deputy Chief Whip.  Provision has been made to provide them the status of cabinet ministers.  After completing the prescribed limit for ministers, this post has become more than the prescribed number.  The post of whip is equal to the rank of minister, although he is not called a minister, but he is provided with all the same facilities which are provided to a minister.  The petitioners have pleaded for the cancellation of the appointment of Government Whips as contrary to the provisions of the Indian Constitution.