DUSU Elections: Delhi High Court Cautions Against Defacement Of Properties, Illegal Plying Of Vehicles

Observing that there is prima facie violation of anti-defacement guidelines and other norms in the upcoming Delhi University Students' Union (DUSU) elections, the Delhi High Court on Wednesday said that the polls must take place in an orderly manner, without defacement of properties or illegal plying of vehicles.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that there was violation of the guidelines issued for conducting the DUSU elections, the lyngdoh committee recommendations and other measures put in place.

DUSU elections are scheduled to take place on September 18.

“Elections of any democratic institution is fundamental to democratic functioning of a society. Equally significant and important is that such democratic bodies or individuals aspiring when such bodies also function and conduct themselves within the rule of law,” the Court said.

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.

Perusing the averments made in the writ petition and the material placed on records, the Bench prima facie found that there have been violations which can be attributed to the “ongoing electioneering in the campus.”

“Despite all these rules being in place, it is generally observed that the candidates and their supporters who are contesting the elections tend to deviate from these rules in their enthusiasm to intensify their campaign,” the Court said.

The Court observed that the candidates aspiring for contesting the polls need to understand that unless they conduct themselves in a manner which is appropriate to democratic setup of the society, the institutions which they intend to man once they get elected, are not likely to perform their functions which are expected of them.

“The material which has been brought to our notice by means of this application is a telling story as to how these contestants in the election of the Delhi University Student Union, are violating all settled norms of conduct,” the Court said.

Though the counsel appearing for DU submitted that the varsity administration is taking all precautions and necessary steps to maintain order when the elections takes place, the Court said that the averments in the application “tell another story.”

“It may be that certain showcause notices might have been issued by DU. However, in our opinion, something more needs to be done to ensure that elections take place in an orderly manner without indulging into any kind of untoward incident, defacement of the properties or illegal plying of vehicles,” the Court said.

“Excessive use of motorized vehicles in the election campaign cannot be approved of, especially for the reason that such use of motorised vehicles in big numbers ultimately tend to block the traffic and makes the life of an ordinary man miserable,” it added.

The Bench thus called upon the appropriate authority of the university, being the Chief Election Commissioner or the Vice Chancellor, to file an affidavit detailing the measures being taken to ensure that the elections take place in an orderly manner.

The Court underscored that the measures must be effective and should be followed so that no defacement of the properties in and around the university or in the city at large takes place and the election campaigns are taken out in a peaceful and orderly manner, and other laws relating to traffic etc are followed.

“We also direct the Delhi Police to provide all possible help and cooperation with the university authorities atleast during the elections. For the said purpose, we also direct that the authorities of the university at the highest level should conduct a meeting with the police commissioner and after jointly taking stock of the situation, shall take joint steps to ensure that all the rules and norms are followed,” the Court said.

“The counsel representing the Delhi police shall communicate this order to the commissioner of Delhi police without waiting for a certified copy. An affidavit by the competent officer of the Delhi police having details of the steps which are being taken to extend the coperation to the university authorities to ensure peaceful and smooth elections,” it added.

The matter will now be heard on September 15.

Title: Prashant Manchanda v. Union of India & Ors