Not Sitting To Monitor Delhi University's Functioning But Students Can't Take Law In Their Own Hands During Elections: High Court

The Delhi High Court on Thursday (November 6) remarked that while it cannot monitor the day to day functioning of the Delhi University, students cannot take law in their own hands during the students' union elections.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a plea filed by Advocate Prashant Manchanda highlighting the action of defacement of public properties and vandalism by student candidates during DUSU elections.

In September, the Court had impleaded the newly elected candidates for the DUSU elections this year for the post of President, Secretary and Joint Secretary. It had also impleaded Aaj Tak news channel after its videos during the polls were referred to.

During the hearing today, Manchanda, appearing in person, told Court that he had filed an amended memo of parties.

He said that the newly elected candidates failed to file their list of audits and expenditure incurred by them during the elections, which is mandated to be done one week after the election results.

On this, the Bench said:

“We are not sitting here to monitor the functioning of the University. Do not enlarge scope [of the petition.] We are only concerned with how the elections are conducted. If they are not filing returns, University will take action.”

“We are not sitting here to monitor the day to day functioning of the University. If nobody wants to mend their ways, what can you do?,” the CJ added.

The Bench then interacted with one of the candidates, Kunal Choudhary, elected to the post of Secretary, who was the only amongst the freshly impleaded candidates to be present in Court.

“You are taking law into your own hands. Don't say no. We have read the newspapers. We are not oblivious to what happened. You will take law into your own hands? You are vulnerable right now. We can countermand your elections for violating the order of this year and previous year. We don't require proof. We have enough,” the Court said.

“Last year you gave an undertaking. You violated that flagrantly. You got elected and then… what about your conduct after elections?,” the Bench added.

As other newly impleaded respondents were not present, the Court directed Manchanda to serve those who were unserved.

The matter will now be heard on January 27.

Earlier, the Court had expressed its disappointment on the use of “big cars” and JCBs by the candidates who contested DUSU elections, saying that they did not learn any lesson from last year's situation.

Manchanda's fresh application raised concerns about violation of guidelines and other prescribed measures framed to ensure that elections of DUSU are held in an orderly and peaceful manner.

Title: Prashant Manchanda v. Union of India & Ors