Nagpur: The Nagpur bench of Bombay High Court last week admitted a PIL challenging the provision granting a lifelong monthly pension of Rs50,000 to former members of Maharashtra legislature without any minimum tenure requirement.A division bench comprising Justices Anil Kilor and Rajnish Vyas passed the order for final hearing on a petition filed by Charudatta Vinayak Sahaje, who has challenged Section 3(1) of Maharashtra Legislature Members Pension Act, 1976, as “unconstitutional” and sought its quashing. Additional govt pleader Kalyani Marpakwar held brief for the state.The petitioner, through counsel Tushar Mandlekar, contended that under the existing provision, a person becomes entitled to a monthly pension of Rs50,000 merely after taking oath as a member of the legislature. The provision, he contended, does not prescribe any minimum period of service or require the member to make any contribution towards the pension.The petition has particularly questioned the absence of any distinction between a person who remains an MLA for just one day and another who completes a full five-year term. Both are entitled to the same Rs50,000 monthly pension under the existing provision.At the same time, the law provides for an additional pension of Rs2,000 per month for every year of service beyond five years. The petitioner has described the provision as an internal inconsistency and alleged that it violates the right to equality guaranteed under Article 14 of Constitution.The petitioner has also drawn a comparison with the pension system applicable to govt employees. He pointed out that a contributory pension system was introduced for employees appointed after 2005, while former legislators become entitled to pension without any contribution or minimum period of service merely on becoming members of the legislature.The PIL seeks either quashing of Section 3(1) or suitable modification of the provision to prescribe a minimum period of service and make pension proportionate to the period of service. The petitioner has further sought a provision to suspend pension in cases where a former legislator is convicted of a serious offence or misconduct.As per information obtained under Right to Information (RTI) Act, the state govt spends around Rs82.98 crore annually on pensions for former legislators, former members of legislative council and family pensioners. The figures cited in the petition, as of May 19, 2026, include 630 former legislators, 144 former legislative council members and 596 family pensioners.
