The Supreme Court on Wednesday set aside the ongoing election process for the Ladakh Autonomous Hill Development Council (LAHDC) and ordered the administration of the Union Territory of Ladakh to issue a fresh notification for the polls within seven days. [Union Territory of Ladakh and ors v. Jammu and Kashmir National Conference and anr]
A Bench of Justices Vikram Nath and Ahsanuddin Amanullah also held that the National Conference (NC) was entitled to use the plough symbol for the polls.
“The entire election process in question stands set aside. A fresh notification shall be issued within seven days for the LAHDC. R1 (National Conference party) stands exclusively allotted the plough symbol. Appeal stands dismissed,” the Court said in its order.
The Court has asked the Ladakh authorities to comply with these directions within two weeks.
The Court dismissed an appeal filed by the Union Territory (UT) of Ladakh against an August 9 order of the High Court of Jammu & Kashmir and Ladakh.
The High Court had ordered the Ladakh administration to notify the allotment of the ‘plough’ symbol to the National Conference party for the purpose of the LAHDC elections.
The National Conference party had claimed that the authorities were not notifying the allotment of the plough symbol to the LAHDC elections in Ladakh, even though the symbol was earlier reserved in the party’s favour.
Deputy Solicitor General of India (DSGI) TM Shamsi had contended before the High Court that the National Conference was not a recognised State Political Party in the Union Territory of Ladakh. The reservation of the plough symbol in the party’s favour was only with respect to the Union Territory of Jammu & Kashmir, he had contended.
The High Court, however, proceeded to allow the National Conference to approach the authorities again in the matter, so that the allotment of the plough symbol in its favour may be notified for the purpose of the LAHDC elections.
Before the Supreme Court, Additional Solicitor General KM Nataraj, appearing for the Ladakh administration, reiterated the government’s stance that the National Conference was not a national party to be automatically eligible for the allotment of this symbol.
The apex court, however, came down on the Ladakh administration for not complying with the High Court’s directions.
In an earlier hearing, the top court had also given liberty to the National Conference party to pursue contempt proceedings in the interim.
Justice Amanullah had remarked, at the time,
“We will turn the clock back if needed. How can you not comply?”
Justice Nath had added that the administration’s conduct in the matter was unfair.
While disposing of the appeal today, the Bench added that the contempt proceedings before the High Court can be “disposed of in accordance with law considering the present judgment.”