Delhi High Court bars DUSU victory processions, seeks explanation on electoral damages

The Delhi High Court has barred candidates, student organisations and their supporters from taking out victory processions after the results of the Delhi University Students’ Union (DUSU) elections are declared.

The court also issued notices to student organisations and all 140 candidates, asking them to explain why exemplary electoral damages should not be imposed for alleged violations of Lyngdoh Committee recommendations and previous court orders.

No victory processions after results

The division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the direction on Friday after being informed that polling was underway and the results were expected on Saturday.

Per Live Law, the court said, “Given the past experience as already noticed by this court in earlier orders, we direct that no victory processions shall be taken out after the results are declared tomorrow and even thereafter by the candidates or students or anyone else, not only on the roads of Delhi but also inside campuses and hostels.”

The Delhi Police has been tasked with ensuring that no such procession takes place. The court said any violation could invite criminal and administrative action and could also amount to contempt of court.

Court takes note of election violations

During the hearing, Additional Solicitor General Chetan Sharma told the court that 998 challans had been issued, 30 cars impounded, one student rusticated, six FIRs registered and four students arrested.

He further informed the bench that 5,737 challans had been issued in connection with defective vehicles and vehicles being driven without licences.

Addressing lawyers representing student organisations including ABVP and NSUI, the court expressed concern over repeated violations of election-related rules.

“Are you students? You participate in the meeting convened by the university authorities for ensuring that elections take place not in violation of lyngdoh report. See what you have done…. We will impose collective damages on all student organizations for all these violations. You people have not mend your ways. See the orders passed in the last occasion of elections,” the CJ said.

The bench also referred to an incident from last year's elections in which a winning candidate slapped a college professor.

“What can be more alarming than this? In the capital city of our nation…. It is only because the court was lenient last year that one winning candidate slapped a teacher. After winning elections. Could you imagine this?,” the CJ remarked.

Notices issued to candidates

The court said criminal proceedings initiated by the police should be taken to their logical conclusion and observed that repeated violations of the Lyngdoh recommendations needed to be addressed.

“We propose to proceed to impose collective electoral damages not only on individual students found violating the norma but also on the student organizations. Let notice be issued to the student organizations and all the 140 candidates who are contesting the elections,” the Court said.

The order followed a fresh application by lawyer Prashant Manchanda in his 2017 petition concerning defacement of public property during student elections.

The court had also raised concerns on Thursday over violence and vandalism during the campaign, observing that democracy cannot be converted into a “criminal society.”

The Lyngdoh Committee recommendations require student elections to remain free from political party influence and prescribe safeguards for orderly campaigning. On Wednesday, the High Court had clarified that membership of a political party's student wing by itself does not disqualify a student from contesting DUSU elections, while cautioning against political interference in the process.