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The Delhi High Court on Friday barred any kind of victory processions by the students organizations, candidates or anyone else in the ongoing Delhi University Students Union (DUSU) elections.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notices to all student organizations and their candidates asking them to show cause why they may not be saddled with exemplary electoral damages for violations of the Lyngdoh Committee recommendations as well as judicial orders passed from time to time.

As the Court was informed that polling is ongoing and results will come out tomorrow, 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 Court said that it will the responsibility of the Delhi Police to ensure that any such victory procession does not take place, while also clarifying that any violation should not only entail criminal and administrative action but also amount to contempt of court.

During the hearing today, ASG Chetan Sharma informed Court that a total of 998 challans have been issued, 30 cars impounded, one student has been rusticated, six FIRs have been registered and four students have been arrested.

He also informed that 5737 challans have been issued so far for all defective cars used and those found without licenses.

While addressing the counsel appearing for some student organizations like ABVP and NSUI, the Court remarked:

“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 Court said.

The Bench took exception to the incident where a candidate who won elections last year 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.

The Court directed that the criminal action initiated by the police shall be taken to its logical conclusion.

It said that there cannot be any doubt that frequent and brazen violations of Lyngdoh Committee recommendations is occuring and the situation arisen needs to be checked by all means.

“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.

This was after the Court yesterday rapped the authorities for their failure to tackle the violence during DUSU elections and said that a democracy cannot be permitted to be converted into a “criminal society.”

The Court had observed that the use of violence by association of unruly elements and apparent misconduct on the part of the candidates or students or even outsiders in student unions or colleges elections in the country has been a cause of concern for all the responsible sections in the society, including the Supreme Court.

The Court passed the order while hearing a fresh application filed by lawyer Prashant Manchanda in his petition moved in 2017 seeking action against the candidates indulging in the defacement of public properties. The plea also sought the removal of the defacement and refurbishment of the areas.

The fresh application was mentioned today by Manchanda saying that even yesterday, there has been vandalism by the candidates which is in violation of Lyngdoh Committee norms and judicial orders passed from time to time.

Lyngdoh Committee recommendations prescribe that student elections in colleges and universities must remain free from political party influence.

Manchanda raises concerns about violation of guidelines and other prescribed measures framed to ensure that elections of DUSU are held in an orderly and peaceful manner.

Yesterday, the Court had clarified that a student, being a member of a political party's student wing, is not barred from contesting the DUSU polls. However, it cautioned against political interference in the election process and asked DU authorities and the Chief Election Officer to check the same.

Even last year, CJ Upadhyaya had made it clear that the polls must take place in an orderly manner, without defacement of properties or illegal plying of vehicles.

The Bench had also observed students cannot take law in their own hands during the students' union elections.

Title: Prashant Manchanda v. Union of India & Ors

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