Delhi HC allows DU to proceed with Student Union Polls, bars counting and declaration of results

New Delhi [India], September 26 : The Delhi High Court on Thursday allowed Delhi University (DU) to continue with the Delhi University Students' Union (DUSU) elections but has imposed a crucial condition--barring the university from counting votes until it satisfies the court that all posters, hoardings, graffiti, and other campaign-related materials have been removed and public property has been restored.
The bench of Justice Manmohan and Justice Tushar Rao Gedela, after hearing the submissions of all sides, also directed that the Electronic Voting Machines (EVMs) and ballot boxes must be safely stored until further orders are issued.
In its ruling, the court stated, "Keeping in view the aforesaid, this court directs that though the election process may proceed ahead, yet no counting of votes shall take place, either of the DU elections or of the colleges, till this court is satisfied that the posters, hoardings, graffiti spray paint are removed and the public property is restored."
While passing the direction, the Court strongly criticised the university for its failure and lack of supervision in ensuring that election rules were followed.
The court labelled it as a clear failure on the part of the Delhi University administration, pointing to an absence of oversight in the election process.
In a stern directive, the Court stated that civic authorities should recover any losses or damages caused by the rule violations during the election from the Delhi University administration.
During the hearing, the Court expressed serious concerns over the apparent flouting of rules by contesting candidates. The court noted that it seemed there was no internal mechanism in place to monitor and ensure compliance with election regulations.
The Court noted that the university should have formed a committee to oversee the election process and prevent any irregularities. Referring to videos presented during the hearing, the court emphasised the need for action, stating, "You can't turn a blind eye to it."
The Court fixed the matter for October 21, 2024 for further hearing in the matter.
On Wednesday, the Delhi High Court issued a stern warning to Delhi University (DU) and Election Authority, indicating that the Delhi University Students Union (DUSU) polls could be deferred if the defacement caused during the election campaign is not properly addressed and saying 'elections are meant to be a "festival of democracy," not a platform for laundering money'.
In its remarks, the bench questioned the enormous amount of money being spent by the candidates during the elections, suggesting that such expenditures raised concerns about transparency and fairness
The court also specifically directed that all spray-painted walls and other forms of vandalism must be cleaned up.
The court further emphasised that the Vice Chancellor must take these issues seriously, and if necessary, the polls could be annulled.
The court had earlier expressed strong displeasure over the large-scale vandalism and defacement of public property during the election campaign and had warned of possible action, including the deferment of the DUSU polls, if the situation was not rectified. The authorities' commitment to engage with stakeholders suggests that a solution is being sought to comply with the court's concerns before the next hearing.
In the ongoing Delhi University Students Union (DUSU) election matter, Delhi University informed the Delhi High Court that it had recently issued a circular to all contesting candidates, making them aware of the rules, regulations, and the recommendations of the Lyngdoh Committee.
The university emphasised that it is taking steps to ensure that candidates comply with these guidelines to maintain the decorum and legality of the election process.
The Lyngdoh Committee guidelines, which govern student elections in universities across India, aim to ensure fair practices, including limits on campaign spending and the prohibition of defacement of public property.
This move comes in response to the High Court's concerns over defacement and misuse of funds during the DUSU election campaign.
On Tuesday, the Delhi High Court expressed strong disapproval of public authorities for their inaction to the widespread vandalism and property defacement across Delhi during the run-up to the Delhi University Students Union (DUSU) elections.
The court was particularly critical of the inaction by Delhi University and the election authorities, emphasising that they have the power to take concrete action against those responsible for violating rules and damaging public property.
The court remarked that the scale of defacement across the city was alarming, and it called out the authorities for merely issuing orders without ensuring their enforcement. It stressed that authorities are not powerless ("not handicapped") and that it is their duty to enforce these orders effectively, rather than just passing them on paper.
Advocate Prashant Manchanda, the petitioner, brought attention to the rampant defacement of public and metro properties, particularly by candidates contesting the Delhi University Students' Union (DUSU) elections, set for September 27, 2024.
The defacement includes damage to bus stands, walls of police stations, university walls, and other public areas, he apprised the court.
Advocate Manchanda highlighted the violation of a previous Delhi High Court judgement in Prashant Manchanda vs. UOI (W.P.(C) 7824 and 8251 of 2017), where the court had framed guidelines to address such defacement issues.
The court's concern arose from a public interest litigation (PIL) filed by advocate Prashant Manchanda, which sought a complete ban on the defacement of public property, particularly during election periods.
The PIL also called for directions to civic agencies to impose heavy fines on political parties and aspiring candidates, aiming to deter them from further damaging public spaces.