Gowhar Nazir
Srinagar, 18 August: In a significant turn of events, the Division Bench of the High Court of Jammu & Kashmir and Ladakh, seated at Srinagar, has extended a much-needed respite to the Union Territory (UT) of Ladakh.
The Bench, presided over by Hon’ble Chief Justice and Justice M.A. Choudhary, issued a ruling on the 14th of August, 2023, which was subsequently published on the 17th of August, 2023.
The matter at hand revolved around the utilization of reserved symbols under the Symbols Order of 1968 by the Jammu & Kashmir National Conference (JKNC).
This came to the forefront while considering the application of JKNC for the forthcoming LAHDC (Ladakh Autonomous Hill Development Council), Kargil elections.
This Division Bench ruling marks a departure from the previous stance, as it amends the directives established by the single bench on the 9th of August, 2023.
The previous single bench decision, issued by Justice Sindhu Sharma, had seemingly restricted the maneuverability of the UT of Ladakh in addressing JKNC’s symbols order application under sections 10 and 10A.
However, the recent Division Bench judgment has revitalized the UT of Ladakh’s authority to assess JKNC’s appeal in accordance with its merits and the conditions stipulated in sections 10 and 10A of the symbols order.
It is noteworthy that while the Division Bench maintained the direction given by the single bench that the Election Authority of Ladakh UT must evaluate JKNC’s application, it rejected the UT’s stance that the application could only be appraised by the Election Commission of India, or at the most, the yet-to-be-notified Ladakh State Election Commission.
Insider sources have disclosed that despite the substantial relief provided by the Division Bench verdict, the UT of Ladakh remains steadfast in its position to not assume the powers vested in the Election Commission of India or the State Election Commission.
Consequently, it is reported that the UT authorities are filing a Special Leave Petition (SLP) in this regard, further entangling JKNC’s legal situation as the upcoming elections draw near.
This ruling from the Division Bench has ushered in a renewed sense of agency for the UT of Ladakh in handling the ongoing dispute, while simultaneously setting the stage for potential legal complexities that may cast shadows over JKNC’s involvement in the approaching elections.
The future trajectory of this case is bound to attract considerable attention as Ladakh navigates through this intricate legal landscape.
