DUSU Elections: High Court Halts Counting Of Votes, Pulls Up Delhi University Over Failure To Discipline Candidates

The Delhi High Court on Thursday halted the process of counting of votes for the ongoing Delhi University Students' Union (DUSU) elections of the varsity and other colleges in the wake of candidates indulging in acts of vandalism and defacement of public properties.

A division bench comprising of Chief Justice designate Justice Manmohan and Justice Tushar Rao Gedela directed that no counting of votes shall take place till the Court is satisfied that the posters, spraypaints and graffitis are removed and public properties are restored.

“This court directs that though the election process may proceed ahead, no counting of votes shall take place either of the Delhi University elections or of the colleges till this court is satisfied that the posters, hoardings, graffitis, spraypaints are removed and the public properties are restored,” the court ordered.

Voting in the elections is scheduled to take place tomorrow. Counting of votes was scheduled for September 28.

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. A fresh application was moved by Manchanda against the recent vandalism and defacement amid DUSU polls.

Another fresh petition was filed by a group of Delhi University students highlighting the violation of Lyngdoh Committee recommendations concerning the conduct of students' elections in universities.

During the hearing today, the Delhi University's counsel told court that an emergent meeting was held yesterday which was attended by 16 candidates out of total 21.

The counsel told court that the candidates were asked to file affidavits to remove the posters and graffiti over public walls and properties.

He admitted that there has been flagrant violation of the Lyngdoh Committee recommendations in the election process.

The counsel suggested that as the elections are scheduled to take place tomorrow in Delhi University and all colleges and all necessary arrangements have been made, it will not be proper to countermand or postpone the polls.

He suggested further that counting of votes may be postponed till the candidates remove all the hoarding and posters and make good to the loss incurred by the civic agencies due to defacement of public properties.

Yesterday, the counsel appearing for MCD had stated that between September 13 to September 25th, the civic body removed 16,000 boards, two lakh posters and pamphlets and 28,500 banners in total. He had also stated that four truckloads of material have been removed to date.

Accordingly, the court ordered that till further orders, the Delhi University shall ensure that the EVMs and ballot boxes are kept secured safely.

“The expenses incurred by the civic agencies shall be paid in the first instance by the Delhi University which shall have the right to recover the same from the respective candidates in accordance with the lyngdoh committee recommendations,” the court ordered further.

Furthermore, the bench also pulled up the Delhi University over its failure to discipline the candidates and supervise the election process.

“This is your failure. It has happened because of lack of supervision by the Delhi University….. you have to pay for this. Civic agencies cannot pay for this,” the bench said.

It further remarked: “It is your failure. What do we do? You're not doing anything. You're not monitoring anything…..You are not able to have a system in place. You never came to court saying my orders are being breached. It is the private people who have come and brought this to our knowledge. The Delhi University was merrily going along with what is happening. It is not taking a stand, which is very unfortunate. The Delhi University should have said that I am helpless, I am coming to court, you please help me in this. You never came. You are allowing the standards to fall.”

The bench also told the varsity to send a clear message to the candidates and to exercise the power vested with it.

“If you do not know how to discipline them, then who else will know this? These are all people who are pursuing higher academics, and this is what is happening in these colleges. You can say he's no longer my student. That's the end of it. What will he contest? What will he win? You don't know how to handle them. And it's only about 21 people you're dealing with. You don't know how to deal with 21 people. How many people are studying in your university? Must be lakhs. How you send a message if you can't deal with 21 people. See, the problem is there is a lack of will. That's all. If you have a will, you can do anything. If you have moral authority you can do anything. How are we passing orders and not you? Because you lack the courage, you lack the moral authority. It's a dirty job. You make enemies every day. That's what we are supposed to do, and that's what you're supposed to do. But if you're failing in your duty, what can we do? You don't want to exercise the power with you. We exercise the power we have,” Justice Manmohan remarked.

He further said: “We don't have any extra power. You also have the same power. Your power is far more than us. You know how to discipline a student. You can't deal with 21 students. And these 21 students are bringing a bad name to the entire university. How can this be? This is your responsibility.… You are not performing. You don't want others to perform also.”

The judge also said: “I am sorry to say but this is not correct, what your officials are doing. You have to exercise your power. You don't have to be scared of anyone.”

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

Citation: 2024 LiveLaw (Del) 1061