New Delhi [India], September 23 : The Delhi High Court on Wednesday sought a response from Delhi University on a plea alleging that candidates who won the Delhi University Students’ Union (DUSU) elections violated the court’s recent direction prohibiting victory processions.
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia was hearing an application moved by petitioner Prashant Manchanda, who appeared in person. Manchanda alleged that despite the court’s clear direction, some winning candidates took out victory processions after the election results were declared, amounting to contempt of court.
The court noted that all DUSU candidates had already been issued show-cause notices pursuant to its earlier order, including those who won the elections.
The bench directed Manchanda to include all relevant material relating to the alleged violations in the dossier to be prepared and filed before the court.
Senior Advocate Kirti Uppal, appearing for Delhi University, submitted that after winning elections, certain sentiments become difficult to control and said that this year even dhols were not brought out.
The court, however, said the issue was not merely about drums or celebrations but about the display of money and muscle power.
“Even dhol would have been fine. The difficulty is otherwise. The difficulty is the show of (muscle and money power). That is the concern. Things need to be done.”
The fresh hearing came days after the bench, on September 18, had issued notices to all student organisations and the 140 candidates contesting the DUSU elections, asking them to show cause why they should not be saddled with exemplary electoral damages for alleged violations of the Lyngdoh Committee recommendations and earlier judicial orders.
The court had also directed that no victory procession be taken out after declaration of the election results by candidates, students, supporters or anyone else, either on Delhi’s roads or inside university campuses and hostels. Delhi Police was made responsible for ensuring compliance, with the court stating that any violation could invite criminal and administrative action and amount to contempt of court.
The proceedings arise from a petition filed by Manchanda in 2017 seeking action against candidates allegedly involved in defacement of public property and directions for removal of such defacement and refurbishment of affected areas.
The petitioner has alleged vandalism and other violations during the DUSU election process, contending that such conduct violates the Lyngdoh Committee recommendations and judicial directions issued from time to time.
The Lyngdoh recommendations prescribe safeguards for student elections, including keeping university elections free from political party influence.
The petitioner has also raised concerns over alleged violations of guidelines and prescribed measures intended to ensure that DUSU elections are conducted in an orderly and peaceful manner.
During the earlier proceedings, the High Court had expressed concern over alleged hooliganism, use of cavalcades and other violations during the election campaign. The court had questioned how such activities were permitted despite deployment of police personnel and had directed that criminal action already initiated by Delhi Police be taken to its logical conclusion.
The court had also proposed imposing collective electoral damages not only on individual students found violating the norms but also on student organisations. It directed the petitioner to compile the relevant material establishing alleged violations, after which the organisations and candidates would be required to respond to the proposed damages.