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A bench of Justices Vikram Nath and Ahsanuddin Amanullah also cleared the “misconceived notion” that the court would not interfere once the election process has started. It said a re-think is to be done “whether the self-imposed restrictions may need a more liberal interpretation, to ensure that justice is not only done but also seen to be done, and done in time to nip in the bud any attempted misadventure”.
Terming the situation as “unprecedented”, resulting in the right of a party being eclipsed by denying it the party symbol before polls, the bench said, “This court notes with concern that the appellants (UT and other), while sitting on the representation of respondent (NC), went ahead and notified the elections on August 2. We are unable to appreciate such conduct. This recalcitrance to decide in time speaks volumes. Instances like these raise serious questions.”
The bench said the request of the party to have ‘Plough’ symbol was “bona fide, legitimate and just” for the plain reason that in the erstwhile state of Jammu & Kashmir, it was a recognised as a state party having been allotted that symbol and also that it requested for it much before the election process.
“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 R1 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.
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