6 Sep 2023 5:19 AM GMT
In a significant development, the Supreme Court on Wednesday set aside the notification issued by the Union Territory of Ladakh on August 5 for the Ladakh Autonomous Hill Development Council (LAHDC) election in the Kargil region, which was scheduled on September 10.
The Court further held that the Jammu and Kashmir National Conference Party(JKNC) is entitled to the 'plough' symbol. The Court passed this ruling dismissing the petition filed by the Union Territory of Ladakh opposing the allotment of 'plough' symbol to JKNC. The Court imposed a cost of Rupees One Lakh on the Ladakh Administration for filing the petition. The Administration has been directed to issue a fresh election notification within seven days.
The bench comprising Justices Vikram Nath and Ahsanuddin Amanullah, which had reserved orders on September 1, pronounced the verdict. Justice Amanullah, who read out the operative portion of the judgment, stated, "For these reasons, the entire election process issued by the administration by Ladakh stands set aside". Detailed copy of the order is awaited.
The Ladakh Administration had filed the special leave petition challenging the direction passed by the High Court of Jammu & Kashmir & Ladakh to notify the 'plough' symbol for JKNC.
The case of the JKNC is that the 'plough' symbol is reserved for it as it was recognized by the Election Commission of India as a State Party of Jammu and Kashmir.
Additional Solicitor General KM Nataraj, appearing for the UT, argued that JKNC was not a recognized state party in Ladakh and hence could not claim vested right over the reserved symbol. He further argued that the High Court erred in placing reliance on the Election (Symbols) Order 1968 as it did not apply to the State of Jammu and Kashmir. The bench then pointed out that the State of J&K is no longer in existence and all the Indian laws are applicable to the region after the 2019 changes.
Adv Shariq Reyaz for JKNC argued, “As a recognized State Political Party under Section 29 of the Representation of People Act, 1951, they are entitled to contest the LAHDC elections on the symbol they had been allocated – the "Plough.The party has a historical connection with this symbol, and it serves as a visual representation that resonates with voters”.
Earlier, the J&K High Court had directed the UT of Ladakh to reserve the "Plough" symbol for the JKNC. The court mandated that JKNC approach the relevant authorities to ensure the "Plough" symbol is duly reserved for them. The Election Commission was directed to follow the provisions of Paragraphs 10 and 10 (A) of the Election Symbols (Reservation and Allotment) Order, 1968 while notifying and allowing candidates set up by the JKNC to contest on the reserved symbol.
Report to be updated after the judgment is uploaded.
Citation: SLP(C) No. 18727/2023