Legal Victory for National Conference in LAHDC Kargil Elections: High Court Mandates Party Symbol Participation
10-08-2023 : The Jammu & Kashmir and Ladakh High Court has issued a directive to the election authority in Ladakh, paving the way for candidates from the National Conference to partake in the upcoming LAHDC (Ladakh Autonomous Hill Development Council) elections in Kargil under the party’s emblem. This ruling comes as a result of a petition filed by the National Conference, highlighting the party’s grievances against a previous notification issued by the Ladakh election department on July 26. The contentious notification had excluded the reservation of the election symbol allocated to the National Conference.
The verdict, delivered by Justice Sindhu Sharma, underscores the court’s stance on the matter. Justice Sharma emphasized that, considering the impending general elections of LAHDC Kargil, the National Conference should approach the Ladakh election department to officially notify the party’s reserved symbol, which in this case is the “Plough.” Furthermore, the court ordered the respondents to adhere to the stipulations outlined in Paragraphs 10 and 10(A) of the Election Symbols (Reservation and Allotment) Order, 1968. This would enable the National Conference’s candidates to participate in the election on the allocated reserved symbol, i.e., the “Plough.”
The case originated from a petition presented by the National Conference, represented by its General Secretary A M Sagar. The party’s argument was grounded in its status as a recognized state political entity under Section 29 of the Representation of People Act, 1951, and in alignment with the provisions of the Election Symbols (Reservation and Allotment) Order 1968. As such, the National Conference contended that it holds the entitlement to compete in the forthcoming LAHDC Kargil elections under the designated election symbol.
The National Conference further highlighted its incumbent status as the ruling political party in the current LAHDC Kargil, underscoring its intention to contest the upcoming elections on the basis of the allocated and reserved election symbol, the “Plough.” The party’s position was grounded in the Election Commission of India’s notification dated May 15, 2023, which had allocated this symbol.
However, the Deputy Solicitor General of India (DSGI) T M Shamsi contested the National Conference’s stance, asserting that the party is not recognized as a state political entity in the Union Territory of Ladakh. The recognition, he argued, extends solely to the Union Territory of Jammu and Kashmir, and consequently, the symbol reservation applies only to the latter region as per the ECI’s notification.
The petitioner’s legal representative countered this argument by highlighting the National Conference’s historical recognition as a state political party in the former State of Jammu and Kashmir, encompassing the Union Territory of Ladakh. The party’s symbol, the “Plough,” held deep significance as a visual representation that resonated with the electorate.
Reacting to the court’s decision, National Conference’s vice president and former chief minister, Omar Abdullah, took to Twitter to express his satisfaction. He hailed the ruling as a “major victory” for the party and acknowledged the efforts of the party’s legal representative, Shariq J. Reyaz, in securing this outcome.
The court’s ruling holds significant implications, ensuring that the National Conference’s candidates will be able to participate in the LAHDC Kargil elections under their chosen party symbol, reinforcing the party’s identity and message to the electorate.
