'Ironical That Courts Remind Authorities Of Their Duty': Delhi High Court On Violation Of Regulatory Measures Ahead Of DUSU Elections

The Delhi High Court on Tuesday said that it hopes and expects that no violation of regulatory measures takes place during the conduct of Delhi University Students' Union (DUSU) elections scheduled to take place on September 18.

“We can only hope and expect that no violation of regulatory measures takes place during the elections which shall be the responsibility of the university authorities, Delhi Police, the candidates and the organisations to whom the candidates contesting the election belong to,” a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela ordered.

The Delhi Police's counsel informed the Court today that 149 traffic staff with 35 motorcycles have been employed for round the clock monitoring of the elections by the candidates.

Reading the contents of fresh status report, the counsel also informed that a total of 4,593 challans have been issued from August 24 till yesterday night in relation to the violations by the candidates.

It was also said that today, the candidates did foot rally and no vehicles were used for campaigning.

On this, the CJ orally remarked:

“How ironical is it that in such matters, we are called upon to apprise the university authorities, the police and other administration to do their duties...See even today's photograph, littering is one thing… What was this vehicle with the sticker? See the sticker in front of the vehicle. What is it doing there?”

The counsel for the Delhi Police said that since last evening to 1 PM today, a total of 200 challans have been issued regarding traffic rules violations. Nobody will be spared by the traffic police, he added.

Perusing the documents filed by the parties, the Court orally remarked that the primary duty of the authorities is to ensure that the elections are held in order.

The Court directed the authorities to file fresh status reports in the matter and listed the case for hearing tomorrow.

Earlier, the Bench had said that there was prima facie violation of anti-defacement guidelines and other norms in the DUSU elections.

It had added that the polls must take place in an orderly manner, without defacement of properties or illegal plying of vehicles.

The Bench 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 raising 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