Delhi HC Allows DU To Proceed With Student Union Polls, Bars Counting & Declaration Of Results

The Delhi High Court on Thursday has permitted Delhi University to proceed with the Delhi University Students’ Union (DUSU) elections, imposing a critical condition: the counting of votes will be halted until the university demonstrates that all campaign-related materials—such as posters, hoardings, and graffiti—have been removed and public property restored.

A bench comprising Justices Manmohan and Tushar Rao Gedela, after reviewing submissions from all parties, ordered that the Electronic Voting Machines and ballot boxes be securely stored pending further directives. The court stated, “While the election process may continue, no counting of votes shall occur for either the DU elections or those of the colleges until this court is satisfied regarding the removal of campaign materials and restoration of public property.”

The court criticized DU for its lack of oversight during the election process, characterizing the situation as a clear failure on the university’s part. It directed civic authorities to recover any damages incurred from the Delhi University administration due to violations of election rules.

During the hearing, concerns were raised regarding apparent rule violations by candidates, highlighting the absence of mechanisms to monitor compliance with election regulations. The court emphasized the necessity of a committee to oversee the election process and prevent irregularities, stating, “You can’t turn a blind eye to it.”

The court has scheduled further hearings on this matter for October 21, 2024. Previously, the court had warned that the DUSU elections might be postponed if the defacement issues were not adequately addressed, underscoring that elections should be a “festival of democracy,” not a means for corruption.

Additionally, the court questioned the significant financial expenditures by candidates, raising concerns about transparency and fairness. It ordered the immediate removal of all instances of vandalism and emphasized that the Vice Chancellor must take these matters seriously, indicating that annulment of the polls could be a possible consequence.

In response to the High Court’s concerns, Delhi University informed the court that it had issued a circular to all candidates outlining the rules, regulations, and guidelines of the Lyngdoh Committee, which governs student elections across India to ensure fair practices.

The court’s disapproval of public authorities’ inaction regarding the vandalism was evident, as it criticized both Delhi University and election authorities for failing to enforce rules effectively. The scale of defacement across Delhi was described as alarming, with the court stating that authorities are not powerless and must take proactive measures to uphold order.

The ongoing case stems from a public interest litigation filed by advocate Prashant Manchanda, which sought to address the rampant defacement of public property, especially during election periods. The PIL also called for stringent penalties against political parties and candidates to deter further damage to public spaces.

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