The Delhi High Court on Thursday allowed the Delhi University Students’ Union (DUSU) elections to proceed as scheduled on Friday, but halted the counting of votes until candidates restore the defaced properties and remove the posters, hoardings, graffiti and spray-painted walls across the city, and compensate the civic agencies for the damage caused.
“This court directs that the elections process may proceed yet no counting of votes shall take place either on Delhi University [Students’ Union] elections or on college elections till this court is satisfied that public property is restored,” a Bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela said.
The court was hearing pleas seeking action against DUSU candidates and student outfits involved in “damaging, defacing, soiling or destroying the beauty of public walls”.
It noted that there has been flagrant violation of the Lyngdoh Committee recommendations in the election process, and directed the university to ensure that EVMs and ballot boxes to be used in the DUSU elections are kept secured in a safe place until further orders.
It also directed the Delhi University to pay the expenses incurred by the civic authorities, including the Municipal Corporation of Delhi (MCD) and Delhi Metro, in removing the defacement. The court added that the university may recover the amount from the candidates thereafter.
“Delhi University has to bear the cost for this. Civic agencies can’t be made to suffer due to this. You [DU] are not doing anything; you don’t have a system in place. You never came to the court that guidelines were being violated by the candidates, it was private persons who approached the court and apprised us of the situation,” the Bench remarked.
According to the Lyngdoh Committee guidelines laid down in 2006 for fair and transparent polls to student bodies across the country, candidates are allowed to use only handmade posters or pamphlets for canvassing, provided such posters are procured within the expenditure limit of ₹5,000, and only in designated places on campuses which shall be notified in advance by the Election Commission/university authority.
Soon after the High Court ruling, the university issued a notice to colleges to conduct elections in strict adherence to Lyngdoh Committee guidelines. In view of the High Court’s direction to withhold counting until further orders, the university directed principals, department heads and election officers to keep ballot boxes in a safe room under proper security.
The Rashtriya Swayamsevak Sangh-backed Akhil Bharatiya Vidyarthi Parishad (ABVP) national secretary, Yagyavalkya Shukla, said, “The campus should be clean and we are working on it. The administration is responsible for ensuring compliance to Lyngdoh Committee guidelines. However, we think that the poll results should not be delayed because students are exercising their democratic right to vote.”
The Congress-affiliated National Students’ Union of India (NSUI), in a statement, said it agreed that campaign material should be removed before the counting of votes. However, it pointed fingers at the ABVP, saying that the latter was responsible for the defacement. “NSUI stands resolutely with the High Court’s decision and calls upon the Delhi University administration to follow court guidelines and declare results within 24 hours,” it stated
During the hearing, the Bench questioned Delhi University for failing to rein in 21 candidates who are in the fray for the polls. “If you [DU] don’t know how to discipline them, who else will. You have all the power. It’s only 21 people you are dealing with. The problem is there is lack of will and lack of courage,” the Bench remarked.
“These 21 students are bringing a bad name to the university. How can you allow this to happen? You have to exercise your powers, you don’t have to be scared of anyone,” the court said while listing the matter for further proceedings on October 21.
Published – September 27, 2024 01:42 am IST