JUDGMENT :

1. Writ Petition (C) No. 262 of 2004 is taken on board.

2. This Court on 4th June, 2004 passed an interim order to the following effect in Writ Petition (C) No. 217 of 2004:

"The Chief Election Commissioner is added as a party respondent. Issue notice to the Chief Election Commissioner. The notice is made returnable on the next sitting of the Vacation Bench. In the meanwhile, the Notification if not already published, shall not be published and if it has already been published it shall not be given effect to. It will be open to the Chief Election Commissioner to pray for modification of the order before the next Vacation Bench."

3. I.A. No 2/04. has been filed by the Union of India to vacate the interim order passed on 4th June and a similar application namely IA No. 3/04 has been filed by the Election Commission seeking vacation of the interim order.

4. We heard learned Attorney General, India, counsel for Election Commission and also senior counsel for the Union of India, Mr. Gopal Subramanium, Mr. Rajender Sachar and Mr. Nariman, senior counsel.

5. We are told that about 55 members are to be elected to the Council of States and and Presidential notification was issued on 4