Supreme Court sets aside Ladakh Administration notification for September 10 local body polls in Kargil region

Satya Prakash

New Delhi, September 6

The Supreme Court on Wednesday set aside the August 5 notification issued by the Union Territory of Ladakh for the September 10 Ladakh Autonomous Hill Development Council (LAHDC) elections in the Kargil region.

“The entire election process issued by the Ladakh Administration stands set aside,” a Bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah said, pronouncing the verdict on the issue of denial of the ‘plough’ symbol to Jammu and Kashmir National Conference (JKNC).

The Bench – which had reserved its order on September 1 after hearing counsel representing the Ladakh Administration, JKNC and others — directed the Ladakh Administration to issue a fresh notification in seven days.

The verdict came on the Ladakh Administration’s petition challenging the Jammu and Kashmir and Ladakh High Court’s direction to notify the ‘plough’ symbol for JKNC.

Dismissing the Ladakh UT Administration’s petition, it held that the JKNC was entitled to the ‘plough’ symbol. The Bench — which had earlier refused to stay the high court’s order – also imposed a cost of Rs 1 lakh on the Ladakh Administration.

According to an August 5 notification, the polls for 26 seats of the 30-member LAHDC, Kargil, were scheduled for September 10 and the counting of votes was to take place four days later.

On behalf of the Ladakh Administration, Additional Solicitor General KM Natraj had submitted that the Election Symbol Order, 1968, was applicable to assembly and parliamentary polls and not to local body elections.

None of the 89 candidates purportedly belonging to JKNC sought allocation of ‘plough’ symbol for the ensuing local body polls, he had said.

Noting that the reserved election symbols were allocated to recognised national political parties, Natraj had submitted that the poll panel was under no obligation to allot reserved symbols to the candidates and that the poll process can’t be stalled.

The JKNC counsel had opposed the ASG’s submissions, saying the party was in power in the Ladakh hill council and its candidates can’t be denied the benefit of a reserved poll symbol for the local body elections. “The local body elections are also fought on party lines,” he had said, adding the party can’t be denied a level playing field by denying ‘plough’ symbol to it.

Earlier, the Bench had termed as “unfair” the UT Administration’s decision of not allotting the ‘plough’ symbol to JKNC for the hill council elections despite the high court’s order.