New Delhi, Sep 18 (IANS) The Delhi High Court on Friday barred candidates, students, supporters and others from taking out victory processions after the declaration of results in the Delhi University Students' Union (DUSU) elections, warning that any violation would invite criminal and administrative action and may also amount to contempt of court.
A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia also issued notices to all 140 candidates contesting the DUSU elections and student organisations, asking them to explain why they should not be saddled with exemplary electoral damages for alleged violations of the Lyngdoh Committee recommendations and judicial orders.
The High Court directed that no victory procession will be taken out after the results are declared, either on the roads of Delhi or inside college campuses and hostels. "It will be the responsibility of the Delhi Police to ensure that any such victory procession does not take place. Any violation shall not only attract criminal and administrative action against the students but shall also amount to contempt of court," the CJ Upadhyaya-led Bench ordered.
The Delhi High Court said the direction was being passed in view of its past experience and the alleged repeated violations of the Lyngdoh Committee recommendations and its earlier orders during the DUSU election process. The High Court further said that it proposed to impose collective electoral damages not only on individual students found violating the norms but also on student organisations.
"Let notice to student organisations be issued. The list shall be provided by DU counsel. We request DU counsel to provide the list of 140 candidates who are contesting the elections of DUSU. Notices shall be issued to all these 140 candidates as well," the CJ Upadhyaya-led Bench said.
During the hearing, Additional Solicitor General Chetan Sharma informed the High Court about the action taken by the authorities in connection with violations during the election process. The Centre’s law officer submitted that 998 challans had been issued, 30 vehicles impounded, one student rusticated, six FIRs registered and four students arrested, while 5,737 challans had also been issued for defective vehicles and driving without licences.
The Delhi High Court directed the Delhi Police to ensure that the criminal proceedings initiated against the alleged violators are taken to their logical conclusion. It also questioned student organisations over the conduct of candidates and supporters during the election campaign and observed that repeated violations of the Lyngdoh Committee recommendations needed to be checked.
The CJ Upadhyaya-led Bench said that the administrative action taken by Delhi University did not appear to be acting as a sufficient deterrent against students indulging in alleged hooliganism and other illegal activities.
The latest directions came a day after the High Court had warned that it could stay the counting of votes or declaration of results if it was not satisfied with the action taken by Delhi University and the Delhi Police against persons allegedly involved in violence and violations of election guidelines.
On Thursday, the Bench, while making it clear that it was not staying or postponing polling scheduled for September 18, said that a harsher order could follow if the authorities failed to demonstrate effective action. "No excuses will be accepted by the Court, and we are making it very clear that, though we are not staying or postponing the election but, if we are not satisfied with your action, we can pass a harsher order staying the counting or declaration of results," the High Court had said.
The CJ Upadhyaya-led Bench had also observed that while student unions were considered "nurseries of democracy", the election process could not be allowed to be accompanied by alleged violence and other unlawful activities. The latest order was passed in proceedings arising from a petition filed by advocate Prashant Manchanda seeking enforcement of the Lyngdoh Committee recommendations, anti-defacement guidelines and the DUSU election code of conduct.
The petitioner had alleged incidents of violence, vandalism and the entry of outsiders during campaigning, while the Delhi Court had directed Delhi University and Delhi Police to place on record the action taken against persons allegedly involved in such incidents.
In an earlier order passed in October 2024 concerning the DUSU and college elections, the High Court had directed that counting of votes would not take place until it was satisfied that posters, graffiti, hoardings and spray paint had been removed, vandalised public property restored and losses caused by defacement made good by the erring candidates.
The High Court had also expressed its prima facie view that there had been extensive use of money and muscle power in DUSU and college elections in violation of the Lyngdoh Committee guidelines, and had directed the authorities to ensure that further defacement of public property did not take place.
The Delhi High Court had observed that elections, which were supposed to be a festival of democracy, had been turned into a festival of money laundering and defacement of public property.
--IANS
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