Supreme Court Pulls Up Ladakh Admin For Not Notifying 'Plough' Election Symbol For JKNC For LAHDC-Kargil

The Supreme Court on Friday expressed displeasure at the Ladakh administration for not notifying the allotment of 'plough' symbol for the J&K National Conference for the upcoming Ladakh Autonomous Hill Development Council elections, despite the direction passed by the J&K&L High Court.

“It's unfair, your arbitrariness. We’ll set aside the election schedule if need be"s, Justice Vikram Nath, the presiding judge of the division bench, told the counsel appearing for the Union Territory of Ladakh.

The bench comprising Justices Vikram Nath and Justice Ahsanuddin Amanullah was hearing a special leave petition filed by the UT against the order of the High Court of Jammu and Kashmir and Ladakh directing to notify the "Plough" symbol for the JKNC.

Senior Advocate Kapil Sibal, appearing for the JKNC, informed the bench that the last date for nomination was on August 16 scrutiny was 24th August.

After cautioning the UT about setting aside the elections, the bench posted the matter to Monday as the first item.

Additional Solicitor General of India KM Natraj, appearing on behalf of UT of Ladakh, contended that was no inherent right under the law concerning the election symbols order.

“Comply with the order of the High Court. You fix a date, comply with the order then we’ll hear it. Otherwise, we’ll dismiss the matter", Justice Amanullah told the ASG.

“If you’ll pass an order. We’re bound by it but Law doesn't permit it", ASG replied.

Justice Amanullah responded, “In that case, we’ll write an order.”

Meanwhile, Sibal weighed in, “HC had said that we’ll list it on Monday subject to the order passed by Supreme Court.”

Justice Vikram Nath orally remarked that the ongoing petition's pendency in the Supreme Court wouldn't impact the contempt proceedings before the High Court.

Expressing concern, Sibal mentioned that the election symbol allotment had not occurred despite an interim order from a single judge and division bench of HC. He pointed out that the election date would have passed by the time the symbol was allotted.

Justice Vikram Nath then questioned ASG Natraj, asking why the Supreme Court should interfere with the orders issued by both a single-judge bench and a division bench.

ASG Natraj expressed his intention to present all relevant information before the court to justify his stance

BACKGROUND OF THE CASE

The Jammu and Kashmir High Court had directed the Union Territory (UT) of Ladakh to let candidates of the J&K National Conference (JKNC) contest on their reserved election symbol 'Plough' in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections.

“Keeping in view that the upcoming General Election of Ladakh Autonomous Hill Development Council (LAHDC) stands announced, the petitioner-party is directed to approach the office of the respondents 1 to 3 & 5, for notifying the reserved symbol (Plough)already allotted to it and respondents 1 to 3 & 5 shall notify the symbol allotted to petitioner-party in terms of Paragraphs 10 and 10 (A) of Election Symbols (Reservation and Allotment) Order, 1968, and allow the candidates set up by the petitioner-party to contest on the reserved election symbol (plough) already allotted to the party”, Justice Sindhu Sharma observed.

An order to this effect came on a petition was filed by the party contesting the exclusion of their reserved symbol by the Election Commission for the upcoming LAHDC elections. Adv Shariq Reyaz for JKNC argued that 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, he added.

the J&K High Court 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, and 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.

Aggrieved by the same, the UT of Ladakh approached the Supreme Court.

Case title: UT of Ladakh v. J&K National Conference

Citation: SLP(C) No. 18727/2023