‘Can turn the clock back’: Supreme Court on Ladakh-National Conference symbol row

The Supreme Court asserted its power to "turn the clocks back and restore the status quo ante" in the Ladakh Union territory after the administration on Wednesday refused the National Conference its 'plough' symbol for the upcoming local elections.

“This court can.. turn the clock back... even restore status quo ante... if the situation warrants such dire measures,” the Supreme Court bench of Justices Ahsanuddin Amanullah and Vikram Nath noted in a 51-page judgement passed on Wednesday.

On Wednesday, a bench comprising Justices Vikram Nath and Ahsanuddin Amanullah dismissed the plea by the Ladakh administration opposing the allotment of the 'plough' symbol to the National Conference and imposed a cost of Rs 1 lakh on it.

The court condemned the administration's non-compliance with a Jammu and Kashmir and Ladakh (J&K) high court order as "unprecedented". “No litigant should have even an iota of doubt.... that just because of systemic delay... and passage of time, (the) cause would be defeated and the court would be rendered helpless to ensure justice,” the court said in its statement.

The Supreme Court was hearing a Special Leave Petition from the Ladakh administration against a Single bench of J&K High Court order, that permitted the National Conference to use its 'Plough' symbol in the upcoming Ladakh Autonomous Hill Development Council-Kargil (LAHDC-K) elections. The high court order was upheld by its division bench.

The Ladakh administration, led by Lieutenant Governor BD Mishra, however, declined to grant the 'plough' symbol to the party. The Supreme Court ruled that the National Conference has a right to the 'Plough' symbol and held the administration 'solely responsible' for the legal imbroglio.

Despite the Election Commission of India (ECI) not officially designating the National Conference as a state party for Ladakh, the Supreme Court affirmed the party's entitlement to use the 'Plough' symbol.

The Supreme Court took up the petitions for hearing this case after a nearly four-year delay, and reserved its judgment on the matter.

The Ladakh administration's refusal to grant the 'plough' symbol to the National Conference is being seen as a deliberate strategy to sideline Kashmir-based mainstream political parties from participating in any electoral processes in Ladakh.

This issue has gained significance, particularly in the context of Ladakh's status change in 2019, when it was transformed into a Union territory without a legislative assembly.