DUSU Elections: Delhi High Court Allows Counting Of Votes On Or Before Nov 26 Provided All Defacement Is Cleaned Up By Candidates

The Delhi High Court on Monday directed the Delhi University to undertake the process of counting of votes for Delhi University Students' Union (DUSU) elections on or before November 26, provided all the sites which were defaced by the contesting candidates are cleaned up and repainted within a week.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said that it is the responsibility of the candidates and the current students of DU to ensure that the next batch get to use the varsity's infrastructure in good and clean condition.

The court was dealing with a plea moved by Advocate Prashant Manchanda in 2017 seeking action against the candidates indulging in the defacement of public properties. The plea also sought the removal of the defacement and refurbishment of the areas. An application was moved by Manchanda against the recent vandalism and defacement amid DUSU polls.

In September, the Court had halted the process of counting of votes for the elections of the Delhi University and other colleges in the wake of candidates indulging in acts of vandalism and defacement of public and private properties. Later, the Court had said that it will counting of votes to take place the next day if all the defacement is cleaned up.

Today, an affidavit was filed by the Chief Election Officer of DUSU polls 2024-25 stating thet the a defacement assessment committee was constituted to assess the loss of revenue of the affected parties, to compensate the same and for setting accountability of the erring candidates.

Delhi University's counsel handed over to the bench a fresh status report in which the Chief Election Officer had stated that nearly all the colleges, departments and facilities in both North and South campuses have been cleaned and that there is no defacement which is visible now.

The Court was assured that those indulging in defacement in future shall be dealt with strictly.

An affidavit was also filed by the candidates showing that steps were taken by them to restore the campuses by participating in cleaning drive to remove the defacement.

Manchanda submitted that though a number of colleges, departments and faculties have been cleaned up and defacement is removed, yet a number of posters, graffitis and spray paint is still visible on public and private properties situated near the campuses.

The counsel appearing for the students undertook that all such sites will be cleaned up and repainted within a week.

Closing the application, the Court directed DU to verify the fact of cleaning up of the properties by the students and to file a report within 10 days, along with a report of the candidates.

“The intent of present proceedings was to ensure that the students and DUSU candidates realize that the university property belongs to the public at large and they are entitled to use it for a limited period and which they hold in trust for the next batch,” the Court said.

Noting that the candidates contesting the DUSU polls are young, the Court was of the view that they deserve a second chance and that the intent of the proceedings was to reform and not punish.

“This Court hopes that a clear message has gone to the student community at large and the candidates who contested this year and those who plan to contest in future,” it said further.

Title: Prashant Manchanda v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1219