The Himachal Pradesh High Court on Monday issued notice to the state government on payment of income tax on behalf of Ministers and MLAs.
The orders were passed by the Division Bench comprising the Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua while hearing a Civil Writ Petition filed by one Yash Pal Rana and others.
The petitioners have filed the petition on different provisions of the HP Legislative Assembly (Allowances and Pensions of Members) Act, 1971 whereby the Members of the Legislative Assembly and the Ministers are exempted from paying the income tax on the income earned by them along with various allowances and perquisites.
Further, the petitioners are also aggrieved by the similar provisions of The Salaries and Allowances of Ministers (Himachal Pradesh) Act, 2000, by virtue of which again the Ministers are exempted from paying income tax on the income (salaries and allowances) earned by them in perquisites granted to them under these Acts.
The petitioners have alleged that in accordance with the various provisions of these Acts, the state government is paying income tax of the MLAs and the ministers from the date of incorporation of the provisions in these Acts.
Further, they urged the court to declare these provisions unconstitutional which shall be quashed and set aside.
The petitioners have also urged the court that the state government may be restrained from paying these taxes.