[JNUSU Polls] Delhi High Court Appoints Ex-SC Judge Justice V. Ramasubramanian As Observer To Oversee Functioning Of Election Committee

The Delhi High Court has appointed former Supreme Court judge, Justice V. Ramasubramanian, as an observer to exercise oversight over the activities and functions to be discharged by the Election Committee constituted for elections of the Jawaharlal Nehru University Students Union (JNUSU) 2023-24.

Justice Sachin Datta disposed of a plea filed by Sakshi, who has been a student in the varsity since 2021, challenging the process of conducting the elections.

The court observed that it would be apposite if Sakshi's complaints or grievances were examined by the Grievance Redressal Cell which has been constituted for the conduct of the elections.

It granted her liberty to approach the Grievance Redressal Cell and directed that her grievances be examined and a reasoned order is passed by the Cell in accordance with law.

“Needless to say, in case it is found that the constitution of the EC is not in consonance with the law and/or with the Lyngdoh Committee recommendations (as approved by the Supreme Court), appropriate consequential orders as regards the impugned elections, would also be passed by the Grievance Redressal Cell,” the court said.

It further directed the Grievance Redressal Cell to complete the exercise and pass a reasoned order prior to the declaration of the final results.

“Respective counsel for the parties are also in agreement that in the meantime, for the purpose of the ongoing election process, a retired judge of the Supreme Court be appointed by this Court, as the Observer to exercise oversight over the activities/functions to be discharged by the Election Committee. For this purpose, Mr. Justice V. Ramasubramanian, Former Judge, Supreme Court of India…is appointed as the observer,” the court said.

The upcoming JNUSU elections are scheduled for March 22. The previous elections took place more than four years ago, in September 2019.

The petition sought the framing of appropriate university statutes or regulations for conducting JNUSU elections, incorporating the recommendations prescribed in the Lyngdoh Commission.

It was Sakshi's case that the upcoming elections be held strictly in accordance with the terms provided in the Lyngdoh Committee Report.

The plea further challenged the notifications issued by JNU authorizing two students to conduct the General Bodh Meetings (GBMs) for formulation of the Election Committee as well as notifying the list of the committee members for the upcoming elections.

Sakshi alleged the impugned notifications were null and void without any legal basis, besides being perverse, arbitrary, illegal and wholly unsustainable in law.

“Because the conduct of the Respondent in notifying the JNUSU Elections 2023-24 at the fag end of the Academic Session is nothing but an eyewash and mockery of the democratic process, aimed at pacifying a certain group, and as such serves no purpose,” the plea stated.

It added that the members of the Election Committee constituted for the upcoming elections are directly associated with some political organisations, which should not be permitted in any sense.

“Because the prevailing environment of fear and anxiety on campus is detrimental to the well-being and academic pursuits of students. Therefore, this Hon'ble Court must intervene in the GBM process and urge the appointed chairs to facilitate genuine consensus-building among students before finalizing the composition of the EC,” the petition contended.

Counsel for Petitioner: Mr. Sanjay Poddar, Sr. Adv. along with Mr. Jivesh Tiwari, Mr. Aditya Kashyap, Mr. Govind Kumar and Mr. Siddhant Poddar, Advs

Counsel for Respondents: Ms. Monika Arora along with Mr. Subhrodeep Saha, Advs. for R1. 

Advocates Vasanth Rajasekaran, Saurabh Babulkar, and Harshvardhan Korada appeared for Dean of Student, JNU. 

Advocates Abhik Chimni, Anant Khajuria and Maroof appeared for Intervenors

Title: Sakshi v. Jawaharlal Nehru University & Anr.

Citation: 2024 LiveLaw (Del) 313

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