DUSU elections: Delhi High Court permits counting of votes

The Delhi High Court on Monday allowed vote counting to take place for the Delhi University Students Union (DUSU) elections, months after it had stayed it over defacement of properties by the candidates contesting the polls in DU and its affiliate colleges [Prashant Manchanda vs Union of India & Ors]..The Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela ordered Delhi University (DU) to undertake the counting process on or before November 26.The Court passed the order after it was told that the nearly all colleges, departments and institutes in both the North and South campus of DU have been cleaned and no visible defacement remains nowHowever, since the factual situation was disputed, the Court made its direction subject to the condition that any sites yet to be cleaned and painted, also be restored to their original condition. For this, the Court granted the students one week's time."The University of Delhi shall verify the said fact and file a report within 10 days with the Registry of this Court along with the reports of candidates," the Court directed..It was hearing a plea filed by advocate Prashant Manchanda against the property defacement and littering that took place across Delhi during the DUSU election campaign.In September, while permitting the polls to be held, the Court had passed the following order:"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.".Today, the Court noted that the candidates have taken steps to clean and restore the campus by organizing and participating in cleaning drives to remove posters, hoardings, banners and other forms of defacement..It observed that the intent of the Court proceedings was not to punish the students but to reform them."Since the candidates for DUSU elections are young, this Court is of the view that they deserve a second chance. After all the intent of present proceeding is to reform and not punish," the Court said.The Court expressed hope that a clear message has gone to the students, particularly the candidates and those who plan to contest elections in future. .Petitioner in person with Advocates Angad Singh, Nancy Shah, Nimit Bhimjiyani and Rohan Pratap Singh.Senior Panel Counsel Bharathi Raju appeared for Centre and Delhi Police.Additional Standing Counsel Rishikesh Kumar, with Advocates Sheenu Priya, Atik Gill, Sudhir Kumar Shukla and Sudhir appeared for GNCTD.Standing Counsel Sanjeev Sabharwal appeared for MCD.Advocates Mohinder J.S.Rupal, with advocates Hardik Rupal and Aishwarya Malhotra appeared for University of Delhi.Senior Advocate Sanjay Poddar, with advocates Jiwesh Kashyap, Saksham Kaushik and Kumar Kshitij, appeared for ABVP.Advocates Pushkar Sood, Shikha Sood, Monika, Nikhil Thakur, Nitin Yadav, Sumit Kumar, Shailesh Yadav, Kunal Yadav, Akash Yadav, Umesh Nainiwal and Simran Kumari, Abhinav Garg, Ram Mohan Singh, Jaideep Malik, Ashok Kumar, Kunal Yadav, Prabhas Malik, Priyank, Shabahat, Mohd.Shahidi, Yash Shukla, Akshay Kumar, Gaurav Ahlawat, Md.Kamran, Taruna, Ashu Bidhuri, Swapnam Prakash Singh, Shubham Tomar, Kamal Singh and Hemant Baisla appeared for the DUSU student candidates.