Delhi HC stays decision restraining elected JNU Student Union office bearers from attending Committee Meetings

The decision by Jawaharlal Nehru University (JNU) administration to restrain elected office-bearers of the JNU Student Union (JNUSU) from attending meetings of various bodies at School/Centre level has been stayed by the Delhi High Court..Meanwhile, the issue with respect to the nullification of the election in the event of non-compliance with the Lyngdoh Committee recommendations has been referred to the Grievance Redressal Committee (GRC)..As per the order, the GRC Report has to be filed with the High Court within two months..While issuing notice to the JNU Administration, the Court has directed them to file its response within six weeks..The interim order was passed by a Single Judge Bench of Justice Yogesh Khanna in pleas by elected JNUSU officer bearers. They have challenged the decision of the JNU Administration to not notify the elected office-bearers of the JNUSU Elections held in September 2018..The decision to not notify the elected officer beares was taken by the JNU Administration on the ground that the Petitioners did not follow the Supreme order which directed mandatory compliance with the recommendations by the Lyngdoh Committee..Consequently, the elected office-bearers were “not invited” to the meetings of Academic Council, Board of Students, Health Advisory Committee, Campus Development Committee, Standing Committee on Admissions and other Committees, meant for the welfare of the students..It is the Administration’s stance that even after repeated reminders, the elected officer bearers failed to furnish individual audited accounts of the poll expenses incurred by them within 15 days from the declaration of the result, in terms of the Lyngdoh committee recommendation. Instead, a collective bill was submitted by the 19 people who had contested for different posts. Therefore, JNU Administration argued that it had the power to not notify the elected officer bearers and nullify the election..The Petitioners, on the other hand, argued that they had followed the procedure which was being followed in the University for years, by submitting self-certified common accounts. It was further argued that neither the Lyngdoh Committee nor the Supreme Court directed submission of audited accounts..While referring to the issue of non-compliance to the GRC, the Court stated,.“The arguments of the University viz. the petitioner ought to have approached the Redressal Cell, is misconceived since the complaint is made against the Union and not by the Union. Thus, without referring the issue of expenses to the Grievance Redressal Committee, the Council on its own could not have restrained the JNUSU to attend various committee meetings meant for student’s welfare.“.The GRC would, therefore, consider if the candidates committed default in non-filing of the certified accounts and the manner in which such accounts were being filed since 2012 till last year. The Court has also directed the GRC to grant the right of hearing to JNUSU..The Petitioners were represented by Senior Advocate Akhil Sibal along with Advocates Govind Manoharan, Abhik Chimni and Shriya Mishra..JNU was represented by Standing Counsel Monika Arora and Advocates Kushal Kumar, Harsh Ahuja and Parveen Singh..The matter would be next heard on July 17..Read the order: