Srinagar: The Jammu & Kashmir and Ladakh High Court has asked the election authority in Ladakh to allow the candidates of National Conference to contest the upcoming LAHDC elections, Kargil, on party symbol.
National Conference (NC) vice-president and former chief minister Omar Abdullah termed it a “major victory” for the party.
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.
“Keeping in view that the upcoming general election of LAHDC (Kargil) stands announced, the petitioner-party (National Conference) is directed to approach the office of the respondents (Ladakh Election department), for notifying the reserved symbol (plough) already allotted to it…,” Justice Sindhu Sharma said in her five-page order on Wednesday.
She also asked the respondents to notify the symbol allotted to the NC in terms of Paragraphs 10 and 10(A) of Election Symbols (Reservation and Allotment) Order, 1968, and allow its candidates to contest on the reserved election symbol (plough) already allotted to the party.
The single-judge bench was hearing a petition filed by NC through its general secretary A M Sagar stating that the party is aggrieved by a notification issued by Election department, Ladakh on July 26, excluding the reservation of election symbol allocated to the party.
The petitioner submits that being the recognised state political party under section 29 of the Representation of People Act, 1951 read with the election symbols (Reservation and allotment) order 1968, it is entitled to contest the upcoming general election of LAHDC, Kargil on allotted election symbol.
The NC informed the court that the petitioner being the incumbent political party in power in the present LAHDC, Kargil, seeks to contest the upcoming elections of LAHDC on allocated reserved election symbol (plough).
“The respondents have not notified the election symbol already allotted and reserved by the petitioner-party for the upcoming elections, which has deprived the petitioner-party to contest the election on the symbol ‘plough’ reserved for them as per the notification of Election Commission of India dated 15h May 2023,” it informed the court.
However, Deputy Solicitor General of India (DSGI) T M Shamsi opposed the contention on the ground that NC is not a recognized state political party in the Union Territory of Ladakh.
It is only recognised as a state political party for the Union Territory of Jammu and Kashmir and the symbol is reserved only for the Union Territory of Jammu and Kashmir as per the ECI notification, he had argued.
“The allotment of symbols in terms of notification (issued on July 26) is regarding national parties…no party has been recognized or identified as a state party in the UT of Ladakh, therefore, no symbol has been reserved for them,” he informed the court.
The petitioner counsel, however, submitted that the NC was recognised as a state political party in the erstwhile State of Jammu and Kashmir, which included the Union Territory of Ladakh also.
“The last general elections in the entire area as well as elections held for LAHDC were contested by the petitioner on the same symbol. Their symbol being a pictorial representation of their party to which the voters identify,” he said.
Reacting to the court order, Omar tweeted “In a major victory for @JKNC_ in the J&K High Court today, the court ordered the UT of Ladakh to allot Hal (Plough) symbol for candidates of the party to contest the Hill council elections for which the notification has been issued a few days ago. Our lawyer @ShariqJReyaz ,engaged by the party, did an excellent job in securing this vital win for the @JkncKargil in court.”
