Supreme Court Criticizes Ladakh Administration Over Denial of ‘Plough’ Symbol to JKNC in LAHDC Kargil Elections
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In a recent turn of events, the Supreme Court of India has expressed severe disapproval towards the Union Territory of Ladakh for its decision to deny the ‘plough’ symbol to the Jammu and Kashmir National Conference (JKNC) for the forthcoming Ladakh Autonomous Hill Development Council (LAHDC) elections in the Kargil region.
The apex court emphasized that the ‘plough’ symbol had been reserved for JKNC by the Election Commission of India due to its recognized state party status in the erstwhile State of Jammu and Kashmir. The Court asserted that JKNC’s demand for the symbol was both
“legitimate and just.”
In a stern observation, the bench, comprising Justices Vikram Nath and Ahsanuddin Amanullah, remarked,
“The Appellants (Ladakh Admin), while sitting on the representation of R1 (JKNC), went ahead and notified the elections on 02/05.08.2023. We are unable to appreciate such conduct. This recalcitrance to decide in time speaks volumes. Instances like these raise serious questions.”
The Ladakh Administration had previously approached the Supreme Court, challenging the direction given by the High Court of Jammu & Kashmir & Ladakh to assign the ‘plough’ symbol to JKNC.
Highlighting the essence of democratic processes, the Court stated,
“Elections to any office/body are required to be free, fair, and transparent. 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 Court expressed its astonishment over the Union Territory of Ladakh’s actions, which not only denied the ‘plough’ symbol to JKNC but also resisted the timely intervention of the learned Single Judge.
The Court further observed the challenges faced by JKNC due to the absence of its recognized symbol, noting,
“No candidate/representative affiliated with R1 could have filled up the form as the Plough symbol was neither a reserved symbol nor a free symbol, and thus, could not have been opted for by any candidate when filing the nomination form.”
The Court also shed light on the potential overconfidence of the authorities, believing that the Courts would not intervene in the election process, terming it a “misconceived notion.”
In a concluding note, the Court imposed a penalty of Rupees one lakh on the UT of Ladakh. The Court decreed that JKNC was rightfully entitled to the “plough” symbol and nullified the LAHDC election notification. The authorities have been directed to announce the election anew within a week.
The Supreme Court’s decision has set aside the entire election process initiated by the Ladakh administration’s August 2 notification. The bench reiterated that while Constitutional courts generally do not interfere once an election process commences, they might be “duty-bound” to intervene in cases of
“unjust executive action or an attempt to disturb a level-playing field between candidates and/or political parties with no justifiable or intelligible basis.”
Case title: UT of Ladakh v. Jammu and Kashmir National Conference
