PIL in Bombay HC Nagpur bench challenges Rs 50,000 lifetime pension for former legislators
The Nagpur bench of the Bombay High Court has admitted a public interest litigation against the Rs 50,000 monthly lifetime pension for former MLAs and MLCs.
Former MLAs and members of the Legislative Council in Maharashtra receive a lifetime pension of Rs 50,000 a month. The arrangement has now been challenged before the Nagpur bench of the Bombay High Court, which has admitted the public interest litigation for hearing. A bench of Justice Anil Kilor and Justice Rajnish Vyas issued an order in the matter on September 23.
The petition has been filed by Charudatta Vinayak Sahaje. He has termed Section 3(1) of the Maharashtra Legislature Pension Act, 1976 unconstitutional and wants the provision struck down or suitably amended.
The petition claims that under the present system, a person becomes entitled to a pension the moment they take oath as an MLA or member of the Legislative Council. No minimum period of service is fixed, and the member does not have to make any contribution towards the pension.
The petitioner has questioned this very aspect. He says a member who served for a single day and one who completed a full five-year term both receive the same initial pension of Rs 50,000 a month.
Under the current provision, Rs 2,000 a month is added for every additional year of service beyond five years. The petition calls this an internal anomaly in the law and challenges it on the ground of the right to equality under Article 14 of the Constitution.
The petitioner has also cited the pension system for government employees. He says a contributory pension scheme was introduced for employees appointed after 2005, whereas former legislators are provided a pension with no minimum service and no contribution.
The High Court has been asked to strike down Section 3(1), or to amend it to fix a minimum period of service and keep the pension in proportion to the member's actual tenure. The petition also seeks a provision to stop the pension of a former MLA or member of the Legislative Council who is convicted of a serious crime or misconduct.
Advocate Tushar Mandlekar appeared for the petitioner. Advocate Kalyani Marapkawar represented the state government.
The petition also refers to information obtained under the Right to Information Act. According to it, the state government spends about Rs 82.98 crore a year on pensions for former MLAs, members of the Legislative Council and their families. Figures in the RTI reply, current up to May 19, 2026, show 630 former MLAs, 144 former Council members and 596 families drawing pensions in the state.
