Will Allow Counting Of Votes For DUSU Elections Next Day Defacement Is Cleaned Up: Delhi High Court

The Delhi High Court on Wednesday said that it will allow counting of votes for the ongoing Delhi University Students' Union (DUSU) elections to take place the next day if all the defacement of public property done by the candidates is cleaned up.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela remarked that the election is a festival of democracy and not a festival of “money laundering.”

“Every day in the city, some crisis or the other is happening. There is dengue, malaria. It's all because we are littering the place. And this is a festival of democracy, it is not supposed to be a festival of money laundering. We have said so in so many words,” the CJ remarked.

Last month, the bench 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 properties.

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.

Today, a fresh application was filed by two candidates who contested in the elections seeking impleadment as petitioners in the matter.

During the hearing, the bench asked the two candidates, who were present in court, to remove all the posters and stickers and to get the place cleaned up.

“Please get it cleaned. Please get all the posters, all the stickers removed. Next time when we take up the matter, please produce photographs. Get it repainted also…..You have spent so much of money on this election, you can afford to get that place repainted,” the bench said.

As the counsel appearing for the candidates told court that all the candidates were not indulging in same kind of activities, the CJ remarked:

“Please convince the rich candidates who been coming in Bentleys for campaigning. Please ask them to spend some money on repainting.”

He further said: “People were spending so much money. How the posters and stickers were being thrown over there in the air. I have not even seen this in a general election. What is happening is the student election….You as candidates must correct the system. You are the leader. You will tell the other followers of yours that please don't do this, please clean up the university. The university is going to be saddled with a huge bill. Who will pay this bill?”

“You get it cleaned and we will allow the counting to take place the next day. But get it cleaned and ask other contenders also,” the bench further said.

CJ Manmohan also told Delhi University's counsel to take the help of the candidates who were willing to help and get the place cleaned up.

“These candidates want to help in cleaning up the mess. Please take their help and get it cleaned and repainted also. Don't stand on technicalities. Just get it repainted,” the bench said.

CJ Manmohan then remarked: “The problem today is the university is not seizing the leadership. What else can we say? There's a crisis of leadership. If the leader says that it needs to be cleaned, it will get cleaned overnight….Here, the student has no connect with the university.”

The court then told one of the candidates, who is studying in law faculty, to ensure that the defacement is cleaned and asked him to start a campaign to spread awareness amongst the others.

“You should start a campaign that please keep this place clean, we use the premises on a daily basis. And there were large number of candidates from the law faculty, including some people who are stood for presidentship of DUSU. So if they lead a campaign and ensure that the place is cleaned up. You ensure that the place will be cleaned up. Let it be a joint effort of the students,” CJ said.

The bench further remarked that the students must have attachment to the college where they study as it will ensure a “big change.”

“You would have contributed something to the society at the end of the day. And we are only doing this only to send a message. And we'll allow the counting to take place the next day if this place gets cleaned up,” the bench said.

It added: “The voters should not have done what they have done. So many graffitis, so many posters and hoardings over there. So many trees would have been cut to make all these porters. And it's been plastered all over and thrown in the air most of the time, just to bring color in election. I don't know what color is this. And how people are spinning a web on this that how beautiful the color is….The young people have to be told, what is the right path to adopt. Not the wrong path.”

The counsel appearing for the two candidates that they will ensure that the premises of Law Centre 2 and Ramjas College, where they are studying, will be cleaned up and repainted in coordination with the Delhi University.

The Court directed the two candidates to file a status report atleast three days prior to the next date of hearing.

The court further granted time to the Delhi Metro Rail Corporation (DMRC), Municipal Corporation of Delhi (MCD) and Manchanda to file status reports in the matter.

The case will now be heard on October 21.

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