Ladakh Council polls: NC entitled to plough symbol, says SC
The Supreme Court has allowed the National Conference to contest the upcoming elections in Kargil on its reserved party symbol and directed a fresh poll notification to be issued within a week. The court criticized the Ladakh administration for not allotting the symbol despite a favorable order from the high court. The NC was denied permission to contest on its reserved symbol as it is not a recognized state party in Ladakh. The court imposed a cost of ₹1 lakh on the Ladakh administration and stated that elections should be independent and free from extraneous influence.
New Delhi: The Supreme Court on Wednesday allowed the National Conference to contest the upcoming elections to Ladakh Autonomous Hill Development Council (LAHDC) in Kargil on its reserved party symbol — a plough — and directed a fresh poll notification to be issued within a week.
The apex court also came down heavily on the Ladakh administration for notifying the LAHDC polls while sitting over the representation made by National Conference seeking the allotment of the reserved symbol despite a favourable order to the political party being passed by the high court of Jammu and Kashmir and Ladakh.
“A fresh notification shall be issued within seven days from today [Wednesday] for elections to constitute the 5th LAHDC, Kargil. Respondent (National Conference) is declared entitled to the exclusive allotment of the plough symbol for candidates proposed to be put up by it,” a bench of justices Vikram Nath and Ahsanuddin Amanullah said in its order, setting aside the ongoing election process.
Dismissing the petition filed by the Ladakh administration, which had challenged the August 14 HC order permitting the NC to use plough symbol, the bench also imposed a cost of ₹1 lakh to be deposited in the Supreme Court Advocates-on-Record Welfare Fund within two weeks. It noted that the political party had approached the high court prior to the issue of poll notification on August 2.
“This court notes, with concern, that the appellants, while sitting on the representation of R1 (National Conference), went ahead and notified the elections on August 2. We are unable to appreciate such conduct. This recalcitrance to decide in time speaks volumes,” the bench said.
The NC was denied permission to contest on its reserved symbol as it is not a recognised state party in Ladakh following the bifurcation of the erstwhile state of J&K, even as it continued to be a state party in J&K. The apex court found NC’s request to stake claim on the party symbol as “bonafide, legitimate and just.”
“Elections lie at the core of democracy. The authority entrusted by law to hold/conduct such elections is to be completely independent of any extraneous influence/consideration,” the top court remarked. “It is surprising that the UT of Ladakh not only denied J&K NC the plough symbol, but even upon timely intervention by the Single Judge [of high court], has left no stone unturned not only to resist but also frustrate a cause simply by efflux of time.”
Appearing for the UT administration, additional solicitor general (ASG) KM Nataraj argued that as the election process has already begun, the court must refrain from interfering with the poll scheduled for September 10.
Justice Amanullah, writing the judgment for the bench, said courts are usually loathe for interfering with the election process. “But where issues crop up, indicating unjust executive action or an attempt to disturb a level-playing field between candidates and/or political parties with no justifiable or intelligible basis, the constitutional courts are required, nay they are duty-bound, to step in,” the bench held.