Srinagar– The High Court of J&K and Ladakh has upheld its single bench’s verdict, allowing “plough” symbol to National Conference for contesting ensuing election to Ladakh Autonomous Hill Development Council (LAHDC), Kargil.
According to a notification issued by the election department on August 5, the election to 26 seats of the 30-member Ladakh Autonomous Hill Development Council (LAHDC), Kargil, is scheduled for September 10 and the counting of votes will take place four days later.
The UT of Ladakh had approached a division bench of the court against the single bench order of August 9 which directed the NC to approach the office of the Election Department of the Administration of Union Territory of Ladakh for notifying the reserved symbol (Plough) already allotted to for the polls.
In their plea, the admin contended that even if the NC is entitled to be allowed to use the symbol, the authority to give such concession is the Election Commission of India and not the Election Authority of UT of Ladakh
“In the present case, it cannot be denied that the PetitionerParty, namely, the Jammu & Kashmir National Conference, is a recognized political Party in the Union Territory of Jammu & Kashmir.
This Party has intended to set up candidates in the upcoming elections for the Ladakh Hill Development Council in Kargil District of the UT of Ladakh,” said a division bench of Chief Justice N Kotiswar Singh and Justice M A Chowdhary.
“It is also an admitted position that as of now that the Jammu & Kashmir National Conference is not yet a recognized Party in the Union Territory of Ladakh,” the court said, adding, “However, since the symbol of “Plough” has been already allotted to the Jammu & Kashmir National Conference, which is a recognized Party in the Union Territory of Jammu & Kashmir, in terms of Paragraph No. 10 of the Election Symbols Order of 1968, any candidate set up by the said Jammu & Kashmir National Conference Party in the local elections in the District Kargil of the Union Territory of Ladakh will be entitled to the symbol of “Plough” as per the concession provided under paragraph No.10 of the Election Symbols Order of 1968.”
Since the election pertains to the LAHDC, Kargil, the court said, 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. “It has been provided under Section 59 of the Ladakh Autonomous Hill Development Councils Act, 1997 that the Government may make rules to regulate all or any of the matters mentioned therein for the purpose of holding of elections of members under thisAct. Though allocation of symbols is not specifically mentioned under Section 57, it goes without saying that since Section 57 is an omnibus provision, allocation of symbols will be within the scope of the said section, though the principles and criteria laid down by the Elections Commission of India have to be adhered to,” the court said, adding, “It is in this context the order dated 18.07.2023 issued by the Election Commission has to be understood.”
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