Excelsior Correspondent
Srinagar, Aug 22: High Court has sought personal appearance of Chief Secretary Ladakh and Chief Electoral Officer Kargil in the event the election Symbol ‘plough’ to National Conference is not issued by tomorrow as directed by the court for upcoming LAHDC elections.
Justice Sindhu Sharma said that the last date of filing of nominations is Wednesday (23.8.2023) as such the Chief Secretary of Ladakh UT and Chief Electoral Officer Kargil are directed to comply with the orders of court dated 9.8.2023 and 14.8.2023 failing which the CS and CEO shall appear in person before the court on Wednesday.
Justice Sharma reiterated the order of August 9 wherein the petitioner-National Conference was directed to approach the office of the CS and CEO, for notifying the reserved symbol (Plough), already allotted to it.
Thereafter court had directed these officials to notify the symbol allotted to the petitioner- in terms of Paragraphs 10 and 10(A) of Election Symbol (Reservation and Allotment) Order, 1968, and allow the candidates set up by the petitioner-party to contest on the reserved election symbol (Plough) already allotted to the party.
The said order was challenged in an appeal by the Ladakh Government before Division Bench and the Division Bench while dismissing the appeal concluded that 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 Symbol Order of 1968 and as such, it does not warrant any interference from us in this appeal.
Despite these orders, the authorities did not issue the election symbol to the party which compelled it to institute contempt proceedings against the officials for flouting the court orders. The counsel appearing on behalf of the contemnors has filed his preliminary reply and submitted that the authorities have filed the SLP before the Supreme Court against both the orders of High Court and the same is likely to be considered in the week commencing 21st of August, 2023, therefore, contempt petition be deferred till the final outcome of SLP.
The senior counsel appearing for the petitioner however, submitted that SLP has only been filed, it is yet to be listed and considered by the Supreme Court and the respondents have not even made any efforts for listing of the SLP, therefore, proceedings in this petition cannot be deferred as there are no orders passed in the SLP by the Supreme Court.
“Keeping in view the fact that the last date for filing nominations is 23.08.2023, the respondents are directed to comply with the order dated 09.08.2023 read with order dated 14.08.2023, and file compliance report by the next date, failing which respondents 1 and 2 shall appear in person on the next date of hearing. List on 23.8.2023”, Justice Sharma directed.
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