A division bench of the Himachal Pradesh High Court, comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma, on Friday directed the Vidhan Sabha to release the admissible pension and arrears to two former disqualified Congress legislators. The court has set a strict deadline of one month for the completion of these payments.
The ruling specifies that if the arrears are not cleared within the one-month window, the Himachal Vidhan Sabha will be liable to pay an annual interest of six per cent. This interest will be calculated from the date of accrual until the final payment is disbursed to the petitioners.
The legal action was initiated by Rajinder Rana, former MLA from Sujanpur, and Ravi Thakur, representing Lahaul Spiti. Both leaders challenged the discontinuation of their pensions following their disqualification from the state assembly.
The petitioners were among six Congress legislators disqualified on February 29, 2024, after cross-voting in favor of a BJP candidate during the Rajya Sabha elections. They also failed to attend the assembly during the passage of the 2024-25 state budget, violating a party whip.
In their plea, Rana and Thakur argued that their service in the 12th and 13th Vidhan Sabha sessions remains valid for pensionary benefits. They contended that they do not fall under the ambit of the recently proposed legislation aimed at depriving disqualified members of their pensions.
The state government had introduced the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill 2024 to restrict such benefits. However, the court was informed that the initial bill was withdrawn and replaced by a new version currently awaiting the Governor’s assent.
The revised bill stipulates that members elected to the 14th Legislative Assembly or thereafter will forfeit pension rights if disqualified under the 10th Schedule. Since the petitioners sought claims for prior terms, the court found the withholding of their dues legally unsustainable.
