HC Relief for Rebel MLAs: Pension Restored, Setback for Sukhu Govt
Shimla — In a significant relief to four former Himachal Pradesh legislators who had rebelled against the Congress and later joined the BJP, the High Court has ordered the restoration of their Vidhan Sabha pensions — a move that has come as a major setback for the Sukhu government.
The court directed the state government and the Vidhan Sabha Secretariat to release both pending dues and regular pension benefits to the disqualified MLAs within one month.
The order was passed by a Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma while hearing petitions filed by Rajendra Rana and Ravi Thakur, who had sought release of their Vidhan Sabha pensions.
The petitioners argued that ever since they were disqualified by the Speaker of the Assembly, they had been deprived of their rightful pension benefits.
The High Court, however, ruled in their favour, directing the authorities to ensure timely disbursement.
These legislators were earlier declared disqualified following their defection, triggering a political storm in the state.
However, the High Court has now made it clear that disqualification does not automatically strip them of their pension entitlements, provided they qualify under the rules.
Background: The ruling comes against the backdrop of a turbulent political phase for the state government.
The Rajya Sabha elections 2025 had pushed the Sukhu-led dispensation into a full-blown crisis when Harsh Mahajan pulled off a dramatic win in a tie, defeating Congress heavyweight Abhishek Manu Singhvi.
The episode had exposed deep cracks within the Congress ranks, with cross-voting by party MLAs tilting the balance.
The High Court’s latest order is likely to further intensify the political heat, as it provides financial relief to the very legislators whose rebellion had shaken the government’s stability.
Officials have been asked to ensure compliance within the stipulated timeframe, failing which further legal consequences may follow and will have to pay arrrars with 4 percent interest.
Meanwhile BJP leader Rakesh Jamwal has slammed the Congress government’s move to deny pension to disqualified MLAs, calling the amendment unconstitutional and legally untenable. He argued that while the Constitution provides for disqualification of legislators under specific circumstances, it nowhere permits the withdrawal of pension on that basis.
“Disqualification is limited to membership; extending it to pension has no legal or constitutional backing,” he asserted, terming the move a clear misinterpretation of law.
Jamwal further pointed out that the amendment has no legal standing until it secures the Governor’s (and if required, the President’s) assent and is officially notified.
He described the move as arbitrary and politically targeted, warning it would not withstand judicial scrutiny.
“If leaders like Chaitanya Thakur and Devender Bhutto challenge it in court, their pensions will be restored,” he said, adding that any law framed in violation of constitutional principles cannot sustain in the long run.