In a major decision, the Supreme Court of India harshly criticized the Ladakh administration for disallowing Jammu Kashmir National Conference (NC) to use the plough symbol for the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections.
Noting that the plough symbol was reserved for JKNC by the Election Commission of India because of its status as a recognized state party of the erstwhile State of Jammu Kashmir, the Court held that its demand for the symbol was “legitimate and just”.
The Court came down heavily on the Ladakh Administration for notifying the LAHDC elections while sitting over the representation made by JKNC seeking the allotment of the reserved symbol, reported Live Law.
“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 bench comprising Justices Vikram Nath and Ahsanuddin Amanullah noted.
“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. It is surprising that the Union Territory of Ladakh not only denied R1 the Plough symbol but even upon timely intervention by the learned Single Judge, has left no stone unturned not only to resist but also frustrate a cause simply by efflux of time.”
It further said that the authorities might have been “overconfident” that the Courts would not interfere in the election process and termed it a “misconceived notion”.
“The situation emanating herein is, in a manner of speaking, unprecedented. With a sense of anguish, it would not be wrong to say that the instant judgment has been invited upon themselves by the Appellants. The orders of the High Court, in our considered opinion, were in aid of the electoral process, and no fault can be found therewith”, the Court observed. Not stopping there, the Court imposed a cost of Rupees one lakh on the UT of Ladakh.
In light of the above, the Court held that J&K NC was entitled to the “plough” symbol and set aside the LADHC election notification. The Court further directed the authorities to notify the election afresh within seven days.
The bench has categorically emphasized that no litigant should have even an iota of doubt or an impression (rather, a misimpression) that just because of systemic delay or the matter not being taken up by the courts resulting in efflux of time the cause would be defeated, and the court would be rendered helpless to ensure justice to the party concerned.
“It would not be out of place to mention that this court can even turn the clock back, if the situation warrants such dire measures. The powers of this court, if need be, to even restore status quo ante are not in the realm of any doubt,” the bench said.
The Ladakh administration had disallowed NC to use the plough symbol for the upcoming LAHDC polls following which the JKNC moved to the court, where the court ruled that JKNC can use the election symbol.
The Ladakh admin moved to the Supreme court asking the court to put aside the order of the JK High court and in the meanwhile, the admin also issued dates for elections.