Issuance of ‘plough’ symbol to NC in Ladakh
Excelsior Correspondent
JAMMU, Aug 17: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotishwar Singh and Justice M A Chowdhary has dismissed the appeal filed by UT of Ladakh challenging the order of Single Judge whereby direction was passed for issuance of ‘plough’ symbol to NC in Ladakh.
The present Letters Patent Appeal has been filed against the interim order dated 9th of August, 2023 passed by the Single Judge in the Writ Petition (C) No. 1933/2023 filed by Jammu & Kashmir National Conference, which is a recognized political party in the Union Territory of Jammu & Kashmir.
The Writ Petition was filed by NC on being aggrieved by the order dated 26th of July, 2023 passed by the Election Department of the Administration of Union Territory of Ladakh, wherein no provision was made for allocation of the reserved symbol for the petitioner-party, when it sought to contest the upcoming elections in the Ladakh Autonomous Hill Development Council, Kargil.
DB observed, “it is the case of the appellants that even if the Writ Petitioner is entitled to the concession as mentioned in Paragraph No. 10 or 10-A of the Election Symbols Order of 1968, the authority to give such concession is the Election Commission of India and not the Election Authority of UT of Ladakh as provided under Section 5 of the LAHDC Election Rules, 1995, inasmuch as the ‘Commission’ has been defined under the Election Symbols Order of 1968 as the Election Commission of India constituted under Article 324 of the Constitution or such State Election Commission to be constituted under the Government of Union Territories Act, 1963”.
“Since the election pertains to the LAHDC, Kargil, the Election Commission of India is not the authority to conduct the elections and it would be the UT Authority which will be primarily responsible for the conduct of the elections for the Ladakh Autonomous Hill Development Councils”, the DB said, adding “as regards the contention of the appellants that the impugned order passed by the Single Judge has divested the Competent Authority/Election Authority of its power to examine whether the applicant party fulfils the conditions mentioned in Paragraph Nos. 10 and 10-A, we would observe that despite the direction of the Single Judge, the Authority will have the competence to examine the same, though there is hardly any scope for examining the same in view of the admitted position regarding the allotment of the symbol of “Plough” to the petitioner as a recognised State Party in the UT of Jammu & Kashmir”.
With these observations, Division Bench said that impugned order dated 09.08.2023 passed by the Single Judge does not appear to be contrary to the provisions of Paragraph Nos. 10 and 10-A of the Election Symbols Order of 1968 and, as such, it does not warrant any interference.
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