'Sad Commentary On Democracy': Delhi High Court Disappointed On Use Of Big Cars, JCBs By DUSU Candidates

The Delhi High Court on Friday expressed its disappointment on the use of “big cars” and JCBs by the candidates who contested Delhi University Students' Union (DUSU) elections, saying that they did not learn any lesson from last year's situation.

Calling the situation “painful”, a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela remarked:

“It is very tragic, a sad commentary on the state of affairs, a sad commentary on our democratic functioning of the society, a sad commentary on the democratic functioning of the institutions here…What can be worse than such kind of campaigns in students union elections. The use of JCBs, big cars, four wheelers…this is unknown to us.”

“From where do they get such big cars…Bentley, Rolls Royce, Ferraris. How are the students getting this? We haven't even heard of these cars,” it added.

ASG Chetan Sharma submitted that there can be no doubt that the elections should be conducted in an orderly manner. Referring to Delhi Police's updated status report, he said that a total of 6,000 challans have been issued in the vicinity of the colleges, adding that the polls have been conducted in far more orderly manner than previous years.

As per Delhi Police's status report, from August 01 to September 16, as many as 5,158 challans were issued against traffic violators. It further said that between September 17 and 19, as many as 386 challans were issued.

“In one and a half months, you say 6,000 challans issued in this period… is it an indication of the elections having taken place smoothly or orderly?” CJ asked.

He further noted that this year, there has been a reduction in the percentage of votes in the elections. The CJ said that while he appreciates the efforts and steps taken by the Delhi Police and varsity authorities, the low turnout in the elections and number of challans issued for traffic violations are also indicators to judge if the elections were conducted in orderly manner or not.

Advocate Prashant Manchanda, the petitioner appearing in person, said that the candidates indulged in victory procession despite the judicial order banning the same. Even now they are carrying it, he said.

Manchanda said that cash was being tossed out and people were splurging cash. “This is the orderly manner they are talking about. They were followed with pamphlets. And they are doing it for eight years. Victory procession all over Delhi even now. And this Aryan Maan (who won President post) has sent a message saying “join me,"” he added.

The counsel representing ABVP organization said that the only symbolic thing done by the victorious candidate was to put a garland on Swami Vivekanand statue, that too without a crowd. He said that there was no victory procession and no vehicle moment.

ASG Chetan Sharma said that Maan even sent a message on social media today that no victory procession be carried out. “The message is that the Court is unsparing as it should be and there has to be order, has to be civility,” he said.

Counsel for Delhi University told Court that the defacement of public properties has been curtailed as compared to last year. On this, CJ remarked: “Not hooliganism, or use of four wheelers.”

The counsel also informed the Court that show cause notices have been issued to 7 candidates for alleged violation of lyngdoh Committee recommendations, defacement of property, etc. However, they have denied the allegations in their responses.

The Court was irked that none of the candidates admitted their mistake. "As if the photos (filed by the petitioner) are created or photoshopped, as if nothing happened," it added and issued notices to the seven candidates.

The Court was informed that the counting of votes was held today and the result was also declared. It ha ordered that students who won on the post of President and Secretary be arrayed as respondents in the matter. It observed,

“Elections of students union, be it students union of DU or other affiliated colleges is an yearly feature. Over the years the shape which these elections have taken has been a cause of concern for every responsible institution and citizen.”

The Bench noted that despite a detailed ruling last year and the undertaking given by the candidates who were contesting earlier that they shall get all aides cleaned and painted, no lesson was learnt by candidates this year. However, the Court observed that this year, the incidents of defacement of public properties is lesser in number.

The Court took note of two news reports published by Aaj Tak and ETV Bharat stating that judicial order has been violated by the candidates. If issued notice to the two channels and directed them to furnish video footage regarding the coverage of the elections from September 10 to 19.

The matter will now be heard on November 06.

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