The Election Authority of UT of Ladakh has the competence to allocate election symbols, and the court's order did not contravene the Election Symbols Order of 1968.

JUDGMENT :

N. Kotiswar Singh, J

1. Heard learned Counsel for the parties. Caveat No. 1925/2023 shall stand discharged accordingly.

2. The present Letters Patent Appeal has been filed against the interim Order dated 9th of August, 2023 passed by the learned Single Judge in the Writ Petition (C) No. 1933/2023 filed by the Respondent No.1 herein-Jammu & Kashmir National Conference/Writ Petitioner, which is a recognized Political Party in the Union Territory of Jammu & Kashmir. The aforesaid Writ Petition was filed by the Petitioner on being aggrieved by the Order dated 26th of July, 2023 passed by the Election Department of the Administration of Union Territory of Ladakh, wherein no provision was made for allocation of the reserved symbol for the Petitioner-Party, when it sought to contest the upcoming elections in the Ladakh Autonomous Hill Development Council, Kargil, which have been announced on 5th of August, 2023 and the candidates are required to submit nomination forms starting from 16th of August, 2023, but before 23rd of August, 2023.

The learned Writ Court, after hearing the parties, passed the interim Order dated 9th of August, 2023, directing the Petitioner-political Party to approach the office of Respondents 1 to 3 and 5/Appellants herein for notifying the reserved symbol (“Plough”) already allotted to it and the Respondents 1 to 3 & 5/the Appellants herein have been, in turn, directed to notify the symbol allotted to the Petitioner-Party in terms of Paragraphs 10 and 10-A of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as the “Election Symbols Order of 1968”) and allow the candidates set up by the Petitioner-Party to contest on the reserved election symbol of “Plough” already allotted to the petitioner Party being a recognised State Party in the UT of Jammu & Kashmir.

3. It is the case of the Writ Petitioner/Respondent No.1 herein that the Writ Petitioner is a recognized political Party under Section 20 of the Representation of Peoples Act, 1951 read with the Election Symbols Order of 1968 in the Union Territory of Jammu & Kashmir and, in fact, the Petitioner-Party is the incumbent political Party in power in the present Ladakh Autonomous Hill Development Council, Kargil. Upon re-organization of the then State of Jammu & Kashmir into two Union Territories viz. the Union Territory of Jammu & Kashmir, and Union Territory of Ladakh, the Petitioner-Party is seeking to contest the upcoming elections for the Ladakh Autonomous Hill Development Council on the same allocated reserved symbol of “Plough”. According to the Writ Petitioner, the Party approached the Election Commission of India by submitting representations for allocation of the said symbol, which were disposed of by the Election Commission of India by an Order dated 18th of July, 2023 by holding that as the Jammu & Kashmir National Conference is a recognized political Party in the Union Territory of Jammu & Kashmir with its reserved symbol (“Plough”), the Party can avail the concession under Paragraph No. 10 of the Election Symbols Order of 1968. However, since the Election Commission of India does not allot any symbol for any local body election, as it is the subject matter of the State Election Commission concerned, the Election Commission of India cannot grant any such concession as provided under Paragraph No. 10 of the Election Symbols Order of 1968 to the Petitioner-Party.

It appears that the Election Department, UT of Ladakh also issued a notification on 26th of July, 2023, in which it was notified that in terms of Rule 17 of the Ladakh Autonomous Hill Development Councils (Election) Rules, 1995, the Administration of UT of Ladakh has specified, as mentioned in “Annexure-A” to the said notification, the symbols that will be kept reserved for the candidates contesting in general election of the Ladakh Autonomous Hill Development Council, Kargil belonging to the National parties and the symbols respectively reserved for t