Former Dehra MLA Hoshiar Singh moves HC over pension stoppage after disqualification
Shimla, Sept 17,
Former Dehra constituency MLA, Hoshiar Singh, has knocked the doors of the Himachal Pradesh High Court after his pension was discontinued following his disqualification by the Speaker of the State Assembly.
The petition, listed before a Division Bench comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja on September 15, prompted the Court to issue notices to the State Government, Chief Secretary, and Assembly Secretary. The respondents have been asked to submit their replies before the next hearing, scheduled for September 23.
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During the proceedings, the Bench also observed that Singh’s plea for interim relief will be taken up in the forthcoming hearing.
In his petition, Singh argued that the stoppage of pension violates Section 6(b) of the Himachal Pradesh Legislative Assembly (Members’ Allowances and Pension) Act, 1971. The law provides pension to anyone who has served as an MLA for at least five years, irrespective of whether the tenure was continuous or not.
Singh contended that the statute makes no distinction in cases of resignation or disqualification, and therefore, withholding his pension was “arbitrary, unjust and beyond legal authority.” He highlighted that he had resigned voluntarily from the House and claimed his pension is a statutory right, not a privilege that can be withdrawn at the discretion of authorities.
The outcome of this case could have wider implications, as it may set a precedent on how pension entitlements of disqualified or resigned legislators are treated in Himachal Pradesh. The High Court is likely to take up both the interim relief request and the substantive matter on September 23.
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