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SC reserves order on National Conference poll symbol row in Kargil elections
The high court had dismissed the Ladakh administration’s plea against a single bench order allowing the party candidates to contest the upcoming polls for LAHDC, Kargil, on the party symbol
The Supreme Court on Friday reserved orders on a petition filed by the Ladakh administration seeking to restrain the Jammu & Kashmir National Conference Party (JKNC) from fighting the local body elections in Kargil on its registered ‘plough’ symbol and said that an order will be passed on Wednesday, ahead of the September 10 polls.
The National Conference, a recognised state party of the erstwhile Jammu & Kashmir state faced a piquant situation after the state’s reorganisation when except for recognised national parties, no state party was permitted to contest the Ladakh Autonomous Hill Development Council (LAHDC)– Kargil polls on its allotted symbol.
The National Conference had approached the high court that ruled in its favour last month causing the Union Territory (UT) administration to file an appeal before the top court.
The high court had dismissed the Ladakh administration’s plea against a single bench order allowing the party candidates to contest the upcoming polls for LAHDC, Kargil, on the party symbol.
A bench of justices Vikram Nath and Ahsanuddin Amanullah on Friday asked the Ladakh administration why the ‘plough’ symbol was not included in the list of symbols.
“Why was the plough symbol not included? Whether it was deliberately, malafidely done or as per law?” the bench asked additional solicitor general (ASG) KM Nataraj appearing for Ladakh administration.
Nataraj explained that under the LAHDC election rules, reserved symbols can be granted only to the recognised national or state parties of the Ladakh region.
Advocate Shariq Reyaz appearing for the National Conference told the Court that the Election (Symbols) Order 1968 provides the party a reserved symbol. He submitted that the high court was correct in deciding their case as per the ‘1968 Order’ as a recognised state party cannot be made to contest polls on a free symbol.
Reyaz further pointed out that prior to its reorganisation in the 2019 general elections, the party had obtained the required votes to retain its status with the Election Commission of India. He added that the UT administration should have followed the 1968 order for allocating symbols in the present elections.
Nataraj argued that the ‘Symbols Order 1968’ applies only to the Parliament and state elections and not to local body polls.
He told the Court that if the high court order in the present case is permitted to operate, it will open Pandora’s box as other regional parties such as Peoples Democratic Party (PDP) and Panthers Party will stand to gain.
The bench said, “If we reject your petition, the consequences must follow. But if we accept your arguments, the elections will proceed.”
The UT administration told the Court that the election process for the LAHDC had already commenced with the last date for candidates to withdraw nominations getting over on August 26.
Earlier on August 25, the bench had termed as “unfair” the act of the UT administration of not granting the ‘plough’ poll symbol to the party for the hill council elections despite the order of the high court in this regard.
The polls for 26 seats of the 30-member LAHDC, Kargil are scheduled for September 10 and the counting of votes will take place four days later.
