No pension for MLAs who defect, Himachal Pradesh Vidhan Sabha passes Bill

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Amidst allegations of political vendetta by the Congress, the Himachal Pradesh Vidhan Sabha on Wednesday passed the Himachal Pradesh Legislative (Allowances and Pension) Amendment Bill, 2024 Act 1971 to deprive MLAs disqualified under the anti-defection law of pensionary benefit and other allowances.

Defending the Bill, Chief Minister Sukhvinder Singh Sukhu said it is a landmark amendment which is necessary to uphold democratic norms. “This Bill will prove to be a deterrent against those wanting to use unfair means, including use of money power or other allurements to topple democratically elected governments. It has been brought to uphold clean democratic norms and traditions,” said Sukhu.

There is also provision in the Bill to recover the pension already drawn by an MLA, who has been disqualified under the Tenth Schedule of the Constitution. “I have consulted top legal experts in Delhi before the Bill was enacted, so that we discourage defection and uphold the democratic values,” he asserted.

During the Rajya Sabha elections, six Congress MLAs cross-voted and despite issuing of a whip they remained absent during passing of budget, attracting their disqualification, Sukhu said. “It was for the first time in the history of Himachal that such a thing happened. You cross-voted as you were unhappy with me, but why did you not support the Budget being loyal party men,” he quipped.

“There was open display of goondaism inside the Assembly. The six Congress MLAs remained inaccessible as they came and left Shimla in choppers. They remained in hiding in five-star hotels in Panchkula, Rishikesh and Gurgaon for a month,” said CM Sukhu.

Leader of Opposition Jai Ram Thakur said it is wrong to unleash political vendetta. “There is no question of invoking anti-defection law in cross-voting in the Rajya Sabha election. The 10th Schedule cannot be enforced as they were not Members of this House at that time,” said Thakur. He said the general mood on social media is already against salaries, pensions and allowances of the 68 MLAs, so this amendment must be withdrawn as majority of MLAs are dependent only on the salaries and pension.

Revenue Minister Jagat Singh Negi said party hoppers must be denied pension as they try to weaken democracy. Hamirpur MLA Ashish Sharma said being an Independent MLA, he was free to cast his vote in anybody’s favour but he and his family were victimised.

Naina Devi MLA Randhir Sharma said the CM cannot make laws to settle personal scores and unleash vendetta. Sulah MLA Vipin Parmar said the Bill has been brought in a haste and when people have already decided their fate, why unleash a political vendetta. Sundernagar MLA Rakesh Jamwal said the Bill should be sent to the Select Committee. CPS Sanjay Awashty said an attempt was made to murder democracy by the BJP.