HC counting of Delhi University DUSU poll votes

The Delhi high court on Monday allowed Delhi University to undertake the counting of votes of the Delhi University Students Union (DUSU) elections on or before November 26. The high court gave the order after being informed that the contesting candidates had nearly restored and repainted all defaced walls in the north and south campuses of the university. The judicial restraint on the counting of votes had been in force since September 26.
A bench led by chief justice Manmohan and justice Tushar Rao Gedela said that the candidates deserved a second chance since the intent of the proceeding was to ensure their reformation and make them realise that the university’s property belonged to the public.
“The intent of the present proceedings was to ensure that the students and DUSU candidates realised that the university property belongs to the public at large in particular and the candidates are entitled to use it for a limited period, which they hold in trust for the next batch of students. Since the candidates for DUSU elections are young, this court is of the view that they deserve a second chance. The intent of the present proceedings is to reform and not punish,” the bench said.
It added, “This court hopes that a clear message has gone to the community and the candidates who contested the elections this year and the candidates who plan to contest in future. This application is closed with a direction to DU to undertake the counting process on or before November 26, provided that the university is satisfied that the sites are cleaned and repainted within a week.”
The court also underscored the responsibility of the students and candidates to ensure that the university’s infrastructure is in a good and clean condition for the next batch of students.
The court was responding to a plea filed by advocate Prashant Manchanda seeking action against the candidates who were involved in defacing university property during the elections. On September 26, the court allowed DU to proceed with the polls, which were scheduled on September 27 but halted the counting of votes till it was satisfied that defacements were removed.
On October 28, the court directed the 16 candidates to file an affidavit apologising for defacing property and give an undertaking that they would beautify the campus, saying that the candidates did not have the right to deface public property. The court said that it would pass an order regarding the counting of polls pursuant to the candidates cleaning the defacement.
On Monday, DU’s counsel Mohinder JS Rupal submitted an affidavit filed by the chief election officer which said that nearly all the colleges, department institutes, centres, and faculties in the north and south campuses have been cleaned and no defacement remains. The affidavit said that the university had also constituted a defacement assessment committee to assess the loss of revenue of affected parties, to compensate the same and to set accountability. The affidavit further said that DU, in a notification dated October 30, had constituted the DUSU elections reform committee to resolve issues related to DUSU and DUSU elections. In its five-page affidavit, DU undertook to safeguard and put in place robust mechanisms for monitoring future DUSU elections.
Opposing the claim, Manchanda submitted that though the walls around a number of colleges and departments had been cleaned up, and defacement had been removed, a number of posters and graffiti were still visible on public and private properties near the campuses.
However, the counsel for the contesting candidates said such locations would be cleared and repainted within a week.
The court then directed DU to verify the contention and proceed with counting the votes on or before November 26 subject to its satisfaction that the defacement was cleaned.