Union Territory of Ladakh & Ors. Vs Jammu And Kashmir National Conference & Anr. (Supreme Court of India)
The appeal before the Supreme Court arose from a dispute concerning the non-allotment of the “Plough” election symbol to a political party for the General Elections of the Ladakh Autonomous Hill Development Council (LAHDC), Kargil. The appellants challenged the High Court’s orders, which had directed the authorities to allot the said symbol to the respondent party. The High Court had upheld an interim direction requiring the authorities to notify and allow the use of the “Plough” symbol for candidates of the respondent party in the elections.
The appellants contended that the Election Symbols (Reservation and Allotment) Order, 1968 was not applicable to LAHDC elections, as these elections were conducted by the Union Territory Election Authority under the Ladakh Autonomous Hill Development Councils (Election) Rules, 1995, and not by the Election Commission of India (ECI). It was argued that the concessions under paragraphs 9, 10, and 10A of the 1968 Order applied only to Parliamentary and State Assembly elections. The appellants further submitted that any communication or opinion from the ECI or internal law department could not confer a right on the respondent. Additionally, it was argued that the election process had already progressed significantly, and therefore, no interference should be made at that stage.
