P Chidambaram gets interim relief for DUSU Presidential Candidate

The Delhi High Court yesterday granted interim relief to Rocky Tuseed, a Delhi University Student’s Union (DUSU) election candidate, allowing him to participate and campaign in the up coming elections for the post of President..Tuseed approached the Court after Delhi University Election Committee debarred him from participating in the elections pursuant to an anonymous complaint received by the DUSU office. The anonymous complaint alleged that a disciplinary action had been taken against Tuseed by his college..The averments of the complaint were later ratified by the Principal of Shivaji College (Tuseed’s college) Dr. Shashi Nijhawan..Pursuant to this, an Inquiry Committee was set up, which also came to the conclusion that since disciplinary action had been taken against Tuseed by his college, he could not participate in the elections..According to Clause 6.5.7 of the Lyngdoh Committee guidelines, a candidate (for the elections) should not have been subjected to any disciplinary action by the University authorities..The college had banned the entry of Tuseed without prior permission and warned him that if he was ever found guilty of any anti social activity, he would not be allowed to appear in the final exams..Appearing for Tuseed, Senior Advocate P Chidambaram argued that this, by no stretch of imagination can be considered to be ‘disciplinary action’. It was only a warning which was given to the petitioner..“A disciplinary action necessarily contemplates a hearing to be given to the concerned party; charges have to be framed which have to be followed by evidence before the Disciplinary Committee can arrive at the finding.” .Chidambaram also stated that subsequently, Tuseed was allowed to appear in the final examinations and the same Principal had given Tuseed a certificate of having a good moral character and good conduct during his stay in the College..Appearing for the University, Senior Advocate Sudhir Nandrajog, submitted that Tuseed’s entry into the college had been banned without prior permission which clearly qualifies as a ‘disciplinary action’..“The petitioner has filed a false affidavit stating that no disciplinary action has been taken against him.” .While allowing Tuseed to participate in the elections, the Single Judge Bench of Justice Indermeet Kaur observed,.“The court notes the urgency which is to the effect that the scheduled date for the election of the President of DUSU is September 12.” .The Court held that prima facie, the action against Tuseed does not qualify as a ‘disciplinary action.’ The Court further stated that it is of the view that the cancellation of the Tuseed’s candidature, on an anonymous complaint without a hearing being granted to him to explain his case, has to be set aside..The Court held that if the petitioner is not permitted to campaign for his post, he would lose out and this would seriously and prejudicially affect his rights..However, the Court directed that the result of the election shall be kept in a sealed cover and will only be declared after the final outcome of the writ petition..Matter will be next heard on September 20..Read Order.Image taken from here.