REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 86 OF 2004

RAMDAS ATHAWALE

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PETITIONER

VERSUS

UNION OF INDIA & ORS.

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RESPONDENTS

JUDGMENT

B. SUDERSHAN REDDY, J.

This writ application under Article 32 of the

Constitution of India has been filed by a Member of Lok

Sabha, challenging the validity of the proceedings in the

Lok Sakha commencing from 29^th January, 2004 on the ground

that the President has not addressed both Houses of

Parliament as envisaged under Article 87 of the

Constitution. The prayer in the writ petition is to

issue appropriate Writ or direction or order declaring

that the Session of the Lok Sabha called by the Notice

dated January 20, 2004 is the first Session in the year

2004; and the proceedings of the Lok Sabha pursuant to

the Notice dated 20^th January, 2004 are unconstitutional,

illegal, null and void.

2. The case set up by the petitioner is that the Session

commenced on 29^th January, 2004 was the first Session of

the Lok Sabha in the year 2004, and there was no

address by the President informing the Parliament, the

cause of its summons as provide