Chennai, Sept 23:
The Madras High Court has dismissed a petition filed by AIADMK whip Agri Krishnamoorthy challenging an amendment made to a Tamil Nadu Assembly resolution opposing Karnataka’s proposal to construct a dam across the Cauvery at Mekedatu.
The Tamil Nadu Assembly had passed the resolution on June 19 opposing the proposed Mekedatu dam. Following a request from then Leader of the Opposition Udhayanidhi Stalin, a reference seeking the constitution of a tribunal to address the Mekedatu issue was added to the resolution before it was put to vote.
Challenging the amendment, Krishnamoorthy argued that the revised wording was not part of the resolution circulated to MLAs on June 18. He contended that the amendment was made without discussion and was not unanimously approved, but was subsequently communicated to the Centre as a unanimous resolution. He also alleged that he was not allowed to speak when he raised objections.
The petition was heard by a Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan. During the hearing, the Advocate General, appearing for the State, relied on video footage of the Assembly proceedings and submitted that the Chief Minister had accepted the Opposition leader’s suggestion and requested that it be incorporated into the resolution.
The State argued that the Speaker subsequently put the amended resolution to vote and that no member objected when the amendment was introduced. It also maintained that proceedings of the legislature could not be questioned before the court in view of constitutional restrictions, and that the resolution, being a request addressed to the Centre, could not be challenged as a judicially reviewable legislative decision.
After completing the hearing, the Bench had reserved its judgment. The court, in its order delivered on Wednesday, dismissed Krishnamoorthy’s petition challenging the amendment to the Assembly resolution on the Mekedatu dam issue.