Proposal to Withhold Pensions from MLAs Disqualified for Anti-Defection Violations Presented in Himachal Assembly

Proposal to Withhold Pensions from MLAs Disqualified for Anti-Defection Violations Presented in Himachal Assembly
The Himachal Pradesh government has unveiled a new bill to strengthen regulations surrounding defection among elected officials. Chief Minister Sukhvinder Singh Sukhu introduced the Himachal Pradesh Assembly Allowances and Pension Amendment Bill, 2026, during the Budget Session of the Assembly on Wednesday.

This proposed legislation aims to prevent MLAs who are disqualified under anti-defection rules from receiving pension benefits. According to the bill, any member elected to the 14th Assembly or subsequently, and who is disqualified under the Tenth Schedule of the Constitution, will be ineligible for a pension, as reported by News18. A new sub-section has been added to Section 6-B of the existing 1971 Act to clarify this provision.

This initiative reflects the state government’s intention to deter members from switching allegiances after elections. Officials argue that the current penalties are insufficient, enabling some legislators to change sides despite being elected on opposing mandates.
The bill comes in the wake of events during the 2024 Rajya Sabha elections in the state, where six Congress MLAs broke party ranks to support BJP’s Harsh Mahajan. Those who voted against their party included Sudhir Sharma, Rajendra Rana, Inder Dutt Lakhanpal, Ravi Thakur, Chaitanya Sharma, and Devendra Bhutto.

Simultaneously, the Congress party issued a whip instructing its MLAs to be present for the voting on the appropriation bill. However, these six legislators chose not to attend, which was interpreted as a breach of party directives. Consequently, they faced disqualification under anti-defection rules.

Among the six, Chaitanya Sharma and Devendra Kumar Bhutto were first-time MLAs and lost their seats following these actions. In the by-elections, all six ran on BJP tickets. While Devendra Bhutto, Ravi Thakur, and Chaitanya Sharma were unable to secure wins, the others had previous experience as MLAs from past terms.

With the proposed amendments, Chaitanya Sharma and Devendra Kumar Bhutto will not be eligible for pension or related benefits for their tenure in the 14th Assembly. The other leaders will remain eligible for pensions as they have completed terms in earlier Assemblies.

The bill will first be discussed in the Assembly before being voted on. Once approved, it will be forwarded to the Governor for assent, after which the amended provisions will take effect.

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