Shimla: In a significant setback to the Sukhu-led Himachal Pradesh government, the High Court has directed the state to release the withheld pension and allowances of legislators who had switched parties, within one month.
The court, while hearing the matter, made a crucial observation regarding the amendment bill passed by the Himachal Pradesh Assembly. It held that the legislation cannot be applied retrospectively and will only have prospective effect.
The state government had earlier brought in an amendment aimed at stopping pension benefits of disqualified or defecting MLAs. However, the court ruled that such provisions cannot be enforced on actions that occurred prior to the enactment of the law.
In its order, the High Court stated that denying pension benefits on the basis of retrospective application of the amendment would not be legally sustainable. Accordingly, it directed the authorities to process and release the pending pension and allowances within a stipulated period of one month.
The ruling is expected to have wider political implications, especially amid ongoing tensions between the ruling dispensation and opposition ranks in the state.
