HC orders release of pension to former MLAs within 1 month

Shimla: The Himachal Pradesh high court has directed the legislative assembly secretary to release the pending pension, along with arrears, to former Congress MLAs Rajinder Rana (Sujanpur) and Ravi Thakur (Lahaul and Spiti) within one month.Both Rana and Thakur leaders joined the BJP in 2024.A division bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma stated that failure to comply with the order would attract an interest of 6% per annum on the due pension amount from the date it became payable until final disbursement. The court also directed the authorities to ensure the timely release of future pension benefits to the two former legislators.The petitioners had approached the court challenging the validity of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024. The law sought to deny pension benefits to MLAs disqualified under the 10th Schedule of the Constitution, commonly known as the anti-defection law, and was initially made applicable retrospectively.During the hearing, the legislative assembly secretary informed the court that the state govt withdrew the earlier amendment and introduced a revised Bill during the current Budget session.The new legislation specifies that only MLAs elected to the 14th Legislative Assembly or thereafter would be ineligible for pension if disqualified under the anti-defection law, making its application prospective.Since Rajinder Rana and Ravi Thakur were elected during the 12th and 13th Assemblies, the court observed that they fall outside the scope of the new provision and remain entitled to pension for their previous terms. The revised Bill is currently awaiting the governor's assent.On Feb 29, 2024, legislative assembly speaker Kuldeep Singh Pathania disqualified six Congress MLAs, including Rana and Thakur, for cross-voting in the Rajya Sabha elections and defying the Congress whip.
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