SC sets aside Kargil poll notification, says NC entitled to ‘Plough’ symbol

Entire election process to start afresh

Excelsior Correspondent

NEW DELHI/LEH, Sept 6: As the Supreme Court today set aside the August 5 notification of the Election Department of the Union Territory of Ladakh for the Hill Council polls and ordered issuance of a fresh election schedule within a week, the Election Authority in Ladakh is expected to come out with fresh notification soon as entire process for polling to 26-seat LAHDC Kargil has to be initiated afresh.

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Holding that the National Conference is entitled to the ‘plough’ symbol, a bench comprising Justices Vikram Nath and Ahsanuddin Amanullah also dismissed the plea by the Ladakh administration opposing the allotment of the symbol to the party and imposed a cost of Rs 1 lakh on it.
Officials in Ladakh said the Election Authority is likely to come up with fresh notification shortly as the poll process has to start from the begining now. In the present notification, voting for all 26 seats was scheduled for September 10 and counting on September 14.
However, now the candidates will have to file nominations afresh for which the Election Authority will notify the schedule. Voting and counting dates will also be released in the notification.
The Jammu and Kashmir and Ladakh High Court had dismissed the Ladakh administration’s plea against a single bench order allowing NC candidates to contest the upcoming polls for the Ladakh Autonomous Hill Development Council (LAHDC), Kargil, on the party symbol.
The Ladakh administration had approached a Division Bench of the High Court against the Single Bench order of August 9 which directed the National Conference to approach the office of the Election Department of the administration of Ladakh to notify the reserved symbol ‘plough’ already allotted to it for in the polls.
According to a notification issued by the Election Department on August 5, the polling for 26 seats of the 30-member LAHDC, Kargil, is scheduled for September 10 and the counting of votes will take place on September 14.
The Apex Court had on September 1 reserved its verdict on a plea by the National Conference challenging the denial of ‘plough’ symbol to its candidates for the LAHDC polls.
Earlier, the bench had termed as unfair the act of the UT administration of not granting the ‘plough’ poll symbol to the party for the Hill Council elections despite the order of the High Court.
“It is unfair… We will set aside the election schedule if need arises,” the bench had observed on August 25 while hearing the appeal of the Union Territory of Ladakh against the order of the Jammu and Kashmir and Ladakh High Court.
It had earlier refused to stay the High Court order on allotting the ‘plough’ poll symbol to the party.
Meanwhile, NC leader Omar Abdullah has welcomed the Supreme Court order on the allotment of ”plough” symbol to it, saying the BJP and Ladakh administration “did everything possible” to deny them their right, but the court saw through it.
“.@JKNC_ got the verdict we wanted & deserved. Our symbol, the plough, has been given to us by the Supreme Court earlier this morning,” Abdullah said in a tweet.
The former J-K Chief Minister alleged that the “BJP ably assisted by a totally biased Ladakh administration, did everything possible to deny us our right”.
“The court saw through this & penalised them with Rs 1 lakh costs imposed on the administration. Congratulations to @JkncKargil and a huge thank you to @ShariqJReyaz for the amazing job he did arguing this in front of the HC & SC,” he added.