The Delhi High Court on Tuesday tore into public authorities for their lax response in acting against vandalism and property defacement across Delhi in the run-up to the Delhi University Students Union (DUSU) elections [Prashant Manchanda vs Union of India & Ors.].
The Court was told that some of the nominated candidates had been defacing public property and littering public areas with posters amid election campaigns.
Acting Chief Justice Manmohan and Justice Tushar Rao Gedela questioned the Municipal Corporation of Delhi (MCD), the Delhi Police and the Delhi University (DU) on what steps have been taken to handle such defacement in line with a 2018 court order on the same issue.
“There is no coordination between MCD, Delhi Metro and DU. No department is speaking to the other, it is like they are at civil war with each other,” said Acting Chief Justice Manmohan.
“There are posters strewn on the road. Who’s going to clean it?” Justice Gedela added.
The Court proceeded to direct DU to issue a notice to candidates indulging in such vandalism, asking them to compensate for the defacement and to clean the area.
The candidate should be warned that their candidature may be cancelled if the same is not done, the Court suggested.
“If they can afford to put up a poster, they can afford to clean it also,” remarked Acting Chief Justice Manmohan.
The Chief Election Officer of DU was also directed to physically appear before the Court, which is slated to hear the matter again today.
The Court was dealing with an application by advocate Prashant Manchanda who submitted that public and private property is being defaced and littered by pasting posters, spray paints, and hoardings amid fierce campaigning for the upcoming DUSU elections.
“Even after the five years of this Hon'ble Court ensuring to regulate that no defacement occurs during the DUSU Elections, the aforesaid nefarious practices are still been carried out inordinately with complete impunity and the concerned authorities have been only a mute spectator to the same," his plea said.
The application highlighted that there is spray painting done and posters pasted on the walls of police stations and metro stations, flouting provisions of the Delhi Prevention of Defacement of Property Act, 2007, and the High Court’s orders.
The application also named a few nominated candidates from the National Students' Union of India (NSIU) and the Akhil Bhartiya Vidyarthi Parishad (ABVP) who allegedly indulged in defacing public property. Pictures of such defacement were also attached to the application.
"The aspiring candidates, under their political outfits, being NSUI and ABVP, have left no place unscathed, be it the buses, bus stops, public properties, private properties, metro walls, even police stations, etc., defaced by posters, banners, spray paints/inks, massive hoardings, etc," the application added.
The application was filed in a case where the High Court had earlier issued guidelines to prevent the defacement of property during DU student body elections.
The Court had earlier disposed of the matter after directing the public authorities to regulate and keep a strict vigil to ensure that there is no defacement of public property during the elections.
DUSU elections are scheduled to be held on September 27, 2024.