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Chennai: The Madras HC on Tuesday dismissed a PIL seeking
directions to the Tamil Nadu assembly to ask MLAs declare assets on the ground
that there was no such law. 

   The petitioner, V Madhav, a Right to Information (RTI)
activist, said the assembly had unanimously adopted a resolution in August 1969
to declare assets and update their status every 12 months. Chief minister M
Karunanidhi, the force behind the resolution, filed his declarations for about
20 years, till 1989, the petition said. Citing the assembly secretariat’s
response to RTI inquiries, Madhav said only a handful of MLAs declared assets
during the past 40 years. 

   His counsel Krishna Ananth submitted that though candidates
contesting in elections are mandated to declare their asset particulars, there
is no mechanism to ascertain as to what was their wealth status after they
become MLAs. 

   The petitioner pointed out that members of the executive are
already declaring their asset particulars and that the judiciary, too, was in
the process of making the details public. “The assembly resolution was passed
unanimously and later added to the practice and procedure of the assembly. This
showed that the intent of the resolution was to make it mandatory for MLAs to
disclose their assets annually,” he said. 

   Declining to entertain the petition, the first bench
comprising Chief Justice HL Gokhale and Justice D Murugesan said the assembly
had resolved that the government of India be requested to bring forward
a legislation for declaration of assets. “Such an enactment hasn’t been passed
by the Government of India.” 


      

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