A division bench of Rajasthan High Court has issued a notice to the state government on a public interest litigation (PIL) challenging the provision of pension for former MLAs.
The PIL was moved by a veteran journalist Milap Chand Dandia. The bench of Chief Justice M M Shrivastava and Justice Anil Kumar Upman sought a reply from the state government to the notice issued yesterday in four weeks’ time.
“Punjab government has modified pensions for former MLAs with the provision that the lawmakers would be eligible for pension for a single term only even if they were elected multiple times to the state assembly,” Dandia’s counsel Vimal Choudhary said while defending the petition.
In his PIL, Dandia alleged, “The present petition under article 226 of the Constitution of India is being filed by way of PIL for safeguarding finances of the state from payment of pension as there is no provision in the Constitution for payment of pension to the members of Legislative Assembly. Thus, payment of pension to MLAs is illegal and void.”
“The Legislative Assembly (officers and members) Salary and Allowance and Pension Act, 1956 and the Rajasthan Legislative Assembly Members’ Pension Rules, 1977, which is actually titled as Rajasthan Legislative Assembly (Officers and Members Emoluments and Pension) Amendment At, 1956, and the Rajasthan Legislative Assembly Members’ pension rules, 1977 are ultra vires, illegal and void,” Dandia declared in his petition.
Dandia also filed an application seeking exemption for the Advocate General and the Assembly Speaker from being parties to the petition. Whether the Punjab model of pension be applicable or applied in Rajasthan, the Advocate General M S Singhvi said he would bet the government reply within four weeks, the Counsel Choudhary told SNS today.