Delhi High Court allows DUSU elections; orders counting of votes be stopped until posters, graffiti are removed

The Delhi High Court on Thursday allowed the conduct of the Delhi University Students Union (DUSU) elections, scheduled to be held tomorrow [Prashant Manchanda v. Union Of India & Ors]..However, the Bench of Acting Chief Justice (ACJ) Manmohan and Justice Tushar Rao Gedela ordered that the counting of votes be postponed until all posters and graffiti on campus are removed."This Court directs that though the voting in the DUSU and college elections be held tomorrow, yet the counting of votes for either DUSU elections or the college elections shall not take place till this Court is satisfied that the posters/ graffiti/ hoardings/ spray paint are removed, the vandalized public properties are restored and the losses suffered by civic agencies, Government departments and DMRC due to defacement are made good by the erring candidates."The Court added that the expenses incurred by the civic agencies, government departments and DMRC in this process shall be paid in the first instance by Delhi University. Further, it clarified that the varsity will have the right to recover the same from the candidates. .The Court also directed the Delhi University to ensure safety of ballot boxes and EVMs in the meantime. "Till further orders, the University of Delhi shall ensure that the EVMs and the ballot boxes used in DUSU and college elections are safely secured.".The Court was hearing 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 elections. Yesterday, the Court 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..During today's hearing, the Court noted that the candidates of the DUSU elections had defaced bus station, metro station and police station walls with spray paints, hoardings, banners and posters. It was told that areas in and around the college campus are littered with pamphlets. Further, the University admitted to flagrant violations of the Lyngdoh Committee recommendations - curbing the distribution of propaganda outside the campus walls - as well as court orders. The Court was told that DU has directed the errant candidates to remove the hoardings and posters.Advocate Manchanda submitted that the DUSU elections should be cancelled. He said, “It’s about sending a message. If elections are allowed to be held, they would be emboldened. Votes should not be given to such candidates spreading hooliganism in the city.”In his application, Manchanda had submitted in the last DUSU elections, it had taken one-and-a-half years and crores of rupees to remove spray paints and posters, especially in the South Campus of DU..In yesterday’s hearing, the Court observed that crores of rupees have been incurred on campaigning.“I will have to come down with heavy hand. Let the money spent on campaigning go down the drain. This defacement is worse than General Elections!”Justice Manmohan put the onus of cleaning and restoring the properties on the erring candidates and said, “The candidates can pay for repainting and restoring the defacement, they have financial backing, they all have deep pockets. There is no dearth of money in these elections. This is the failure of our education system...These students have spent a lot money on campaigning, a lot of bribery must have happened also. Students are driving in Rolls Royce, Mercedes, without registration plate,” the ACJ added.Counsel for MCD said that it has been incurring a lot of expenditure on cleaning the defacement. It was submitted that DU should reimburse MCD and recover money from the errant candidates..[Read Order]