Won't adopt hands off approach in election matters if level playing field disturbed: SC

The Supreme Court on Wednesday said courts would not always adopt a hands off approach in election when level playing field between candidates or political parties is disturbed by unjust action of the Executive.

"It would not be out of place to mention that this court can even turn the clock back, if the situation warrants such dire measures. The powers of this court, if need be, to even restore status quo ante are not in the realm of any doubt," a bench of Justices Vikram Nath and Ahsanuddin Amanullah said.

The top court set aside the entire election process for the Ladakh Autonomous Hill Development Council, Kargil initiated last month and directed administration of Union Territory of Ladakh, Election Department, to issue fresh notification for it within seven days.

Dealing with a controversy arising out of denial of 'plough' symbol to Jammu and Kashmir National Conference (JKNC), the court dismissed the appeal filed by the UT administration against the High Court's division bench order of August 14 upholding the single bench decision to allot the symbol to the party.

The court imposed Rs one lakh cost on the administration while holding that JKNC is entitled to the exclusive allotment of the plough symbol for its candidates.

"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 bench said.

The court said the UT administration and its election authority sought to eclipse the identity of political party, even though it was a ruling party in the council.

The bench said courts have usually maintained a hands-off approach in election matters with the sole salutary objective of ensuring that the elections, a manifestation of the will of the people, are taken to their logical conclusion, without delay or dilution.

"But where issues crop up, indicating unjust executive action or an attempt to disturb a level-playing field between candidates and/or political parties with no justifiable or intelligible basis, the constitutional courts are required, nay they are duty-bound, to step in," the bench said.

In the instant case, the UT administration not only denied plough symbol to the party, but left no stone unturned not only to resist but also frustrate its cause simply by efflux of time, it noted.

"We are unable to appreciate such conduct. This recalcitrance to decide (representation) in time speaks volumes. Instances like these raise serious questions," the bench added.

In a strong message, the bench clarified no litigant should have even an iota of doubt or an impression (rather, a misimpression) that just because of systemic delay or the matter not being taken up by the courts resulting in efflux of time the cause would be defeated, and the court would be rendered helpless to ensure justice to the party concerned.