SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has issued an interim directive, instructing the Ladakh administration to officially assign the ‘plough’ symbol to the Jammu and Kashmir National Conference party. This decision pertains to the forthcoming elections of the Ladakh Autonomous Hill Development Council (LAHDC).
Responding to a plea presented by the National Conference party, represented by its General Secretary Ali Mohammad Sagar, Justice Sindhu Sharma has issued an order. This follows the observation that the upcoming LAHDC elections are imminent.
The National Conference party had asserted that despite reserving the plough symbol for their use, the authorities were not confirming its allocation for the LAHDC elections in Ladakh.
In response, the Court has directed the party to engage with the Ladakh administration. The objective is to facilitate the formal notification of the plough symbol’s assignment, enabling its use for participating in the upcoming LAHDC elections.
“Keeping in view that the upcoming General Election of Ladakh Autonomous Hill Development Council (LAHDC) stands announced, the petitioner-party is directed to approach the office of respondents for notifying the reserved symbol (Plough) already allotted to it and respondents shall notify the symbol allotted to petitioner-party in terms of Paragraphs 10 and 10 (A) of Election Symbols (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,” reads the order.
The Court issued the order despite the objections raised by the Deputy Solicitor General of India (DSGI) TM Shamsi. Shamsi argued that the National Conference lacks recognition as a State Political Party in the Union Territory of Ladakh.
He clarified that the National Conference’s recognition as a State Political Party was confined to Jammu and Kashmir. Consequently, the plough symbol’s reservation in their favour was applicable solely to the Union Territory of Jammu and Kashmir.
Advocate Shariq J Reyaz, representing the National Conference, countered this argument by emphasising that the party’s recognition as a State Political Party in the former State of Jammu and Kashmir extended to Ladakh as well. He highlighted that Ladakh was included within the erstwhile State of Jammu and Kashmir.
Reyaz also pointed out that the National Conference had utilised the same plough symbol in the previous LAHDC elections.
Due to the National Conference’s recognition as a State Political Party under Section 29 of the Representation of People Act, 1951 (in conjunction with the Election Symbols (Reservation and Allotment) Order 1968), it held the right to contest the upcoming LAHDC elections with the allotted election symbol.
Considering the contrasting arguments, the Court directed the party to reengage with the authorities to formalize the plough symbol’s allotment for the purpose of the LAHDC elections.
The case is scheduled for further hearing on September 13, 2023.
