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Express News Service
NEW DELHI: The Supreme Court on Wednesday quashed an August 5 notification for the Ladakh Autonomous Hill Development Council (LAHDC) election in the Kargil region, scheduled on September 10. A bench of Justices Vikram Nath and Ahsanuddin Amanullah directed the Union Territory of Ladakh to issue a fresh election notification within seven days.
The entire election process stands set aside. A fresh notification shall be issued within seven days for election to constitute the 5th Ladakh Autonomous Hill Development Council, Kargil, the bench said in its order. The court was considering the Union Territory’s plea against the Jammu & Kashmir High Court’s order allotting the ‘plough’ symbol to the Jammu and Kashmir National Conference Party (JKNC).
The Union Territory had approached The Supreme Court against the High Court’s August 9 order, which directed the National Conference to approach the office of the Election Department of the administration of Ladakh to notify the reserved plough symbol already allotted to it.
Remarking that JKNC’s request for allotment of the plough symbol was bonafide, legitimate and just, the bench said that the party was entitled to the exclusive allotment of the symbol for candidates proposed to be put up by it.
“Elections to any office/body are required to be free, fair and transparent. Elections lie at the core of democracy. The authority entrusted by law to hold/conduct such elections is to be completely independent of any extraneous influence/consideration. It is surprising that the Union Territory of Ladakh not only denied the plough symbol but even upon timely intervention by the learned Single Judge, has left no stone unturned not only to resist but also frustrate a cause simply by efflux of time,” the bench said in the 51-page ruling, authored by Justice Amanullah.
Calling the situation before the court “unprecedented”, the bench, while expressing anguish, dismissed the Union Territory’s plea and also imposed a cost of Rs 1,00,000.
“As made clear by us in the foregoing paragraphs, the situation emanating herein is, in a manner of speaking, unprecedented. With a sense of anguish, it would not be wrong to say that the instant judgment has been invited upon themselves by the appellants. The orders of the High Court, in our considered opinion, were in aid of the electoral process, and no fault can be found therewith,” the Supreme Court bench said in its order.
NEW DELHI: The Supreme Court on Wednesday quashed an August 5 notification for the Ladakh Autonomous Hill Development Council (LAHDC) election in the Kargil region, scheduled on September 10. A bench of Justices Vikram Nath and Ahsanuddin Amanullah directed the Union Territory of Ladakh to issue a fresh election notification within seven days.
The entire election process stands set aside. A fresh notification shall be issued within seven days for election to constitute the 5th Ladakh Autonomous Hill Development Council, Kargil, the bench said in its order. The court was considering the Union Territory’s plea against the Jammu & Kashmir High Court’s order allotting the ‘plough’ symbol to the Jammu and Kashmir National Conference Party (JKNC).
The Union Territory had approached The Supreme Court against the High Court’s August 9 order, which directed the National Conference to approach the office of the Election Department of the administration of Ladakh to notify the reserved plough symbol already allotted to it.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
Remarking that JKNC’s request for allotment of the plough symbol was bonafide, legitimate and just, the bench said that the party was entitled to the exclusive allotment of the symbol for candidates proposed to be put up by it.
“Elections to any office/body are required to be free, fair and transparent. Elections lie at the core of democracy. The authority entrusted by law to hold/conduct such elections is to be completely independent of any extraneous influence/consideration. It is surprising that the Union Territory of Ladakh not only denied the plough symbol but even upon timely intervention by the learned Single Judge, has left no stone unturned not only to resist but also frustrate a cause simply by efflux of time,” the bench said in the 51-page ruling, authored by Justice Amanullah.
Calling the situation before the court “unprecedented”, the bench, while expressing anguish, dismissed the Union Territory’s plea and also imposed a cost of Rs 1,00,000.
“As made clear by us in the foregoing paragraphs, the situation emanating herein is, in a manner of speaking, unprecedented. With a sense of anguish, it would not be wrong to say that the instant judgment has been invited upon themselves by the appellants. The orders of the High Court, in our considered opinion, were in aid of the electoral process, and no fault can be found therewith,” the Supreme Court bench said in its order.
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