Delhi HC directs minority colleges to allow students to file nomination for DUSU election

New Delhi [India], September 21 : While granting interim relief to two students of two Delhi University's colleges, the Delhi High Court has directed colleges to permit the students to file their nominations for the upcoming Delhi University Students Union (DUSU) elections.
This petition has been filed by Rachit Rai and Utkarsh Bhatt, both students of Shri Guru Nank Dev Khalsa College and Shri Guru Govind Singh College of Commerce.
These two students have challenged the dissociation of three minority colleges from DUSU elections.
Justice Purushaindra Kumar Kaurav granted interim relief to the students and issued a notice to respondents, including the colleges, and sought their responses.
"In the interim, and without prejudice to the rights and contentions raised by the learned counsel appearing for the parties, the Court directs the respondents to permit the petitioners and other interested students to submit their nomination forms for the DUSU elections, 2024-2025 and allow them to participate in the further election process," Justice Kaurav directed on September 20.
After hearing counsel for the parties, the Court was of the opinion that the controversy in hand requires to be considered after the pleadings are complete.
For the past many years, the respondent-colleges were part of DUSU elections, and the petitioners who aspire to contest the elections were in bonafide belief that for this year as well, the elections would be conducted.
"In any case, as to whether the respondent colleges can choose to opt out of the election abruptly will have to be considered by the Court," Justice Kaurav Said.
The matter has been listed on September 23 for hearing.
Delhi University has issued a notification to conduct the Delhi University Students Union (DUSU) elections for 2024.
The petition moved through advocate Shashank Shekhar Jha stated that Sri Guru Nanak Dev Khalsa College, Sri Guru Teg Bahadur Khalsa College, and Sri Guru Govind Singh College of Commerce have announced their disassociation from these elections, citing their status as minority institutions protected under Article 30(1) of the Indian Constitution.
A petition in Delhi High Court on behalf of students Rachit Ray and challenging the withdrawal of Khalsa colleges from DUSU 2024.
During the hearing, the counsel for Delhi University submitted that there exists a mechanism in place for a college to be dissociated, and the same has not been followed.
According to the counsel, the communication of the dissociation from the election process, as requested by the respondent-colleges, has been rejected by the university.
Counsels for DU and DUSU agreed with the petitioners and accepted the submissions advanced by the counsel for the petitioners and have denied and contested the stand advanced by the respondent colleges.
The counsel for the colleges, contended that as per the Lyngdoh Committee Report, the colleges have the discretion, either to participate in the election, or to adopt the mode of nomination.
They submitted that for this year, the respondent-colleges have opted for the nomination mode.
It was also submitted that the respondent colleges have not been inducted in the election process, as has been provided in the Lyngdoh Committee Report.
The counsel for the petitioners contended that for the previous years, the respondent-colleges have been a part of DUSU elections, and therefore, they should not be allowed to dissociate themselves from the election process.
According to the counsel, the last date for filing the nomination for DUSU election 2024-25 has already expired yesterday, and today is the last day for withdrawing the nomination. He, therefore, contends that the petitioners and other interested candidates be allowed to file the nominations for the said election.