In a blow to the Congress-led government in Himachal Pradesh, the High Court has instructed the legislative Assembly to disburse pension and arrears to two former disqualified Congress MLAs, Rajinder Rana and Ravi Thakur, who later switched to the BJP. Rana and Thakur, representing Sujanpur and Lahaul-Spiti, were disqualified for defying the party whip during the voting for a Rajya Sabha seat in February 2024, where Congress candidate Abhishek Manu Singhvi lost to BJP’s Harsh Mahajan. Despite re-contesting as BJP candidates, they were defeated in their Assembly seats.
Both Rajya Sabha contenders, Mahajan and Singhvi, each secured 34 votes in the 68-member House, including three Independent legislators who reportedly supported the BJP. Mahajan clinched victory through a draw of lots after six Congress MLAs cross-voted. Subsequently, the seats of six Congress legislators from various constituencies became vacant due to disqualification, including Rana, Thakur, and others.
Following the High Court’s ruling on April 7, BJP spokesperson Ashish Sharma emphasized that laws should not retroactively penalize individuals but operate prospectively in line with constitutional principles. The court mandated the prompt payment of pension and arrears to eligible former MLAs within a month, warning of interest at six percent per annum if delayed. Sharma criticized the Congress government for attempting to misuse legislation for political purposes and welcomed the court’s stance on the matter.
The BJP criticized the state’s 2024 amendment that aimed to withhold pension benefits from disqualified MLAs, labeling it as flawed and politically driven. The subsequent withdrawal of this legislation and the introduction of a revised Bill in 2026, applicable only to members elected from the 14th legislative Assembly onwards, were seen as acknowledgments of the earlier unconstitutional move. Allegations of undue financial and mental stress on former legislators due to delayed pension benefits were also raised by the BJP.
