DM Monitoring
Srinagar: Asserting its power to “turn the clock back”, the Supreme Court came down heavily on the Ladakh Union territory administration run by the Bharatiya Janata Party-led Union government for denying the National Conference its ‘plough’ symbol for the upcoming local body elections in Ladakh.
“This court can…turn the clock back…even restore status quo ante…if the situation warrants such dire measures,” the Supreme Court bench of Justices Ahsanuddin Amanullah and Vikram Nath observed in a 51-page judgement.
“No litigant should have even an iota of doubt…that just because of systemic delay…and passage of time…(a) cause would be defeated and the court would be rendered helpless to ensure justice,” the court said, terming the Ladakh administration’s non-compliance of a Jammu and Kashmir and Ladakh (J&K) high court order on the issue as “unprecedented.”
The observations came in the backdrop of the recently concluded hearing into a batch of petitions challenging the reading down of Article 370 and J&K Reorganisation Act 2019 under which the erstwhile state was bifurcated and downgraded into two union territories.
The SC took up the petitions for hearing after a delay of almost four years and has now reserved its judgement in the case.
The Ladakh administration’s decision to deny the ‘plough’ symbol to the National Conference is being dubbed as “a move to keep Kashmir-based mainstream parties out of any electoral process in Ladakh” after it was downgraded into a Union territory without a legislative assembly in 2019.
The apex court’s remarks came during the hearing of a Special Leave Petition of the Ladakh administration against an order of a Single bench of J&K High Court which had allowed the National Conference to use its ‘Plough’ symbol in the upcoming Ladakh Autonomous Hill Development Council-Kargil (LAHDC-K) elections.
The High Court order, which had also directed the Ladakh administration to issue a notification on the issue, was upheld by the HC’s Division bench.
However, the Ladakh administration, led by Lieutenant Governor B.D. Mishra, argued that the LAHDC elections are conducted under rules by the region’s election department.
The administration also refused to recognise National Conference as a state party in Ladakh, stating that there was no legislative assembly in the Union territory and the Election Symbols (Reservation and Allotment) Order, 1968 Order does not contain provisions for recognition of parties in a union territory without a legislative assembly.
Despite the HC ruling, the Ladakh administration refused to grant ‘plough’ symbol to the party, arguing that the power to grant symbols to political parties was vested with the Election Commission of India (ECI) which “didn’t exercise its authority” over the local body elections in Ladakh.
Instead of implementing the high court order, the Ladakh administration challenged it in the apex court and it also issued a notification on August 5 for conducting LAHDC-K polls.
‘Not only to resist but also frustrate a cause’
“This court notes (the notification of elections by Ladakh admin) with concern,” the apex court observed on Wednesday, “We are unable to appreciate such conduct. This recalcitrance to decide in time speaks volumes. Instances like these raise serious questions.”
The court observed that the National Conference’s request for allotment of the ‘plough’ symbol to the party was “bonafide, legitimate and just for the plain reason that in the erstwhile State of Jammu and Kashmir (which included the present Union Territory of Ladakh), it was a recognised state party having been allotted the Plough symbol,” the court ruled.
“It is surprising that the Union Territory of Ladakh not only denied R1 (National Conference) 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 observed.
Though the ECI has not notified National Conference as a state party for Ladakh, the apex court ruled that the party has a right to the ‘Plough’ symbol. The court also observed that the National Conference could avail concession under Paragraph 10 of the 1968 Order which allows allocation of a symbol to a party if it existed as a national or state party “in any state or union territory not earlier than six years from the date of notification of the election.”
“The contention” of the Ladakh administration “that the Plough symbol cannot be allotted (to National Conference), neither has been supported by any reason nor any legal impediment to such grant has been shown,” the court observed, terming the party’s plea as “not bereft of justification” while holding the administration “solely responsible” for the legal imbroglio.
Ruling that the country’s High Courts have been empowered under Article 226 of the Constitution to issue directions on election matters, the apex court while criticising the Ladakh administration observed: “Circumstances forcing this court to intercede have arisen.”
“Conduct by (Ladakh) authorities…may seriously compel the (apex) court to have a comprehensive re-think (on interventions in election matters)…to ensure that justice is not only done but also seen to be done, and done in time to nip in the bud any attempted misadventure,” the court observed.
The face-off between National Conference, which is ruling LAHDC-K, and the BJP-led administration in Ladakh, dates back to May 15 this year when the ECI issued the lists of the names of national and state parties, and free symbols which recognised National Conference as a state party for the Union Territory of Jammu and Kashmir only.
On May 31, the National Conference approached the Chief Election Officer of Ladakh seeking recognition as a state party and allotment of the ‘plough’ symbol to it for all elections in the union territory. The CEO in turn sought the opinion of District Magistrate (DM) Kargil who on June 7 recommended the ECI’s intervention.
On July 7, the National Conference again sought recognition as a state party in Ladakh and allotment of the ‘plough’ symbol for elections in the UT. On July 12, the DM wrote to Ladakh CEO with the opinion of the UT’s law department which favoured granting the plea of the National Conference.
On July 26, the Ladakh administration, while turning down the opinion of its own law department, issued a notification listing out the reserved and free symbols for the polls while recognising National Conference as a state party for Jammu and Kashmir only.
Challenging the July 26 notification, the party approached the single bench of High Court on July 29 which reserved the ‘plough’ symbol for NC candidates in LAHDC-K elections.
