“Enough is enough,” the Delhi High Court remarked on Thursday while pulling up the Delhi University, Centre and the Delhi Police over their failure to control incidents of violence and vandalism during the Delhi University Students Union (DUSU) elections, despite repeated judicial orders and Lyngdoh Committee recommendations.

The DUSU elections are scheduled for September 18. The results are expected to be released on September 19.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that a democracy cannot be permitted to be converted into a “criminal society.”

The Court directed all the three authorities to file their status reports on the action taken against the defaulters by tomorrow, adding that it will pass harsher order of staying the results and counting if it is not satisfied by their replies.

The Court 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.

It noted that the authorities of the Delhi University as well as the Delhi Police have been assuring Court that they will take appropriate steps to ensure that such incidents as reported this year do not occur.

However, the Court said that the material placed on record today depicted a picture where there is almost complete failure of the authorities, students and other responsible section of society to ensure smooth conduct of DUSU elections.

The Court said that the material established there have been frequent violation not only of Lyngdoh Committee recommendations but also of judicial orders passed from time to time.

“Students unions in the universities or colleges are said to be nurseries of democracy. And therefore, the democratic process involving such student unions needs to be strengthened which will go a long way in strengthening our own democratic system in the society. However, permitting elections of students unions to take a colour as depicted in the material placed on record is unacceptable at any cost,” the Court said.

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.

During the hearing today, Manchanda said that yesterday was the blackest day in the history of DUSU elections, as students were carrying gunshots, screw divers, teachers and law students were beaten. He referred to today's media reports to support his claim.

He said that despite last year's warning by the Court, the authorities were unable to enforce the Lyngdoh guidelines even this year.

Delhi University's counsel Mohinder Rupal appeared for Delhi University. ASG Chetan Sharma appeared for Union Government. Another counsel for Delhi Police was also present in the hearing.

The Bench remarked that such “reckless and criminal conduct” for which authorities may or may not be responsible, lies first on the students.

“We cannot permit this. Enough is enough. You are thrashing your own teachers in the name of being creative. Brandishing guns. Or you (DU) simply say you cannot control anything. We will abandon the elections. You cannot shirk away from your responsibility. If you are unable to control, leave your job. Your own daughter, my niece are studying in north campus. What will happen to them?,” the Court said.

It also said that there is no control of the university or the police authorities in controlling the situation on ground.

On this, ASG said that while he agrees with the issues flagged by Manchanda and the conduct displayed is reprehensible and the guilty must be brought to book, this year the DUSU elections have happened in much more peaceful manner 80-90 percent.

On this, the Court questioned as to how many FIRs have been registered against those responsible for violations. ASG responded that this year there was much more order and the elections were conducted mostly in orderly manner.

“Orders have been passed earlier. What has your law enforcement agencies and DU administration doing to check these things this year? It is not for you or for any administrator to just shrug from your responsibility to conduct elections in accordance with SC directions by saying third party is intervening. Why cannot you check them (outsiders)?,” CJ responded.

Justice Karia also took note of the fact that cars were being used without registration plates with names of candidates written on it, photographs of which were posted by candidates on their official handles.

“In our earlier orders, we have been issuing various directions and have been urging students and their organisations, the administration and the police and others to ensure proper conduct of the elections but this kind of conduct, which is a matter of common knowledge, tells a story otherwise,” the Court said.

The Court directed all the three authorities to file their status reports and listed the matter for hearing tomorrow at 12 PM.

It also directed the counsels representing student unions to also remain present.

“No excuses will be accepted by court tomorrow. And we are making it clear, though we are not staying elections but if we are not satisfied by your actions tomorrow, we can pass harsher order including staying the counting and result etc…. Don't take this issue lightly,” the Court said.

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