Shimla, 09 January
The conflict between Raj Bhavan and the government in Himachal Pradesh is in discussion these days. The government led by CM Sukhwinder Singh Sukhu had passed a bill in the monsoon session of the Assembly to stop the pension and allowances of MLAs disqualified under the anti-defection law. As per the prescribed procedure, the bill passed by the Assembly was sent to Raj Bhavan for approval. Raj Bhavan registered objections on the bill.
Governor Shiv Pratap Shukla raised some questions on the bill and also recorded comments. Now this bill has been sent back to the government from Raj Bhavan.
Himachal Pradesh Raj Bhavan has filed comments on the bill. “Himachal Pradesh Legislative Assembly (Members’ Allowances and Pension) Amendment Bill 2024 has been passed by the Assembly and sent for my permission. On perusal of the list, it has been found that section 6 (b) of the amendment bill does not apply. The date of occurrence has not been specified.It is proposed in the Amendment Bill 2024 that a person will become ineligible to receive pension if he is declared ineligible at any time as per the Tenth Schedule of the Constitution. Apart from this, a provision has been made that the pension already received will be recovered from the person declared ineligible. However, it is not clear whether the additional pension given to a person for becoming a member of the Legislative Assembly again is to be recovered as per the above provision or not? If a disqualified person gets elected again and becomes a member of the Legislative Assembly, then in such a situation will he start getting pension after completing his tenure or will he remain as a disqualified person? Will such a person be eligible for pension or not? This has also not been made clear”
It is noteworthy that this bill was passed on September 4 during the monsoon session of the Assembly. At that time, BJP, as the opposition, had opposed this bill. Congress candidate Abhishek Manu Singhvi had to face defeat in the Rajya Sabha elections in Himachal Pradesh in February 2014. Then six Congress MLAs had cross-voted. Three independent MLAs also voted for the BJP candidate. The party later took action against the Congress MLAs under the anti-defection law. Later all six MLAs contested the elections on BJP ticket. Among them, Sudhir Sharma and Inder Dutt Lakhanpal won the elections again and the rest lost the elections.
Independent Ashish Sharma also won the election from Hamirpur. The bill was brought only to stop the pension and allowances of MLAs who were disqualified under the anti-defection law. The bill was passed on September 4, 2024. Now Raj Bhavan has stopped it and returned it back to the government.
In the tribal areas of Himachal, eligible people get land under Nautor Law. In tribal areas, people who have less than 20 bighas of land, they get approval under the Nautor Act to give a total of 20 bighas of land. For this the eligible person applies in the Revenue Department. At present, about 12 thousand 742 applications are pending with the state.
Due to the implementation of the provisions of the Forest Conservation Act of the Centre, there is difficulty in providing land. It is within the power of the Governor to repeal the provisions of the FCA i.e. Forest Conservation Act in tribal areas. Only after that the state government can give land to the applicants under Nautod. Only when the FCA Act will be suspended from Raj Bhavan for tribal areas, the Revenue Department will give land to the eligible applicants. Raj Bhavan has asked for the names and addresses of the people eligible in this bill. At present, this bill has also been returned to the government. Now regarding this bill, Revenue Minister Jagat Singh Negi is again talking about going to Raj Bhavan and meeting the Governor.
However, a war of statements has also been seen between Raj Bhavan and the Revenue Minister on this issue. Senior media person Dhananjay Sharma said, “Raj Bhavan has the right to question the government on the bills passed in the Assembly. Raj Bhavan can not only hold the bill but can also return it to the government. “Depends on discretion.
