Supreme Court Stays HC Direction To Initiate Disqualification Proceedings Against HP MLAs Appointed As Parliamentary Secretaries

The Supreme Court has stayed the Himachal Pradesh High Court’s direction to initiate disqualification proceedings against MLAs appointed as parliamentary secretaries. The High Court had nullified a 2006 state law permitting such appointments, deeming them Offices of Profit, which could disqualify the legislators. The Supreme Court issued notice on the state’s Special Leave Petition and granted time for counter-affidavits and rejoinders. The High Court had also struck down protections under the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971. Senior Advocates Kapil Sibal and Dr. Abhishek Manu Singhvi represented the state, arguing that similar petitions in other states are pending in the Supreme Court. The court’s interim order prevents further proceedings until the next hearing, maintaining the status quo on the disqualification issue. This case underscores the legal challenges in balancing legislative appointments and constitutional provisions.