Something needs to be done to stop use of muscle, money power in DUSU polls: Delhi HC

New Delhi, Sep 15 (PTI) Something needs to be done to stop the display of money and muscle power in students' union elections, the Delhi High Court on Monday said, noting that high-end luxury vehicles, tractors and JCBs are being used for campaigning during the polls in Delhi University.

The high court "requested" the candidates contesting the Delhi University Students Union (DUSU) elections, their supporters and students not to indulge in any kind of violation till the poll process is over and cautioned them that any violation will be viewed seriously and will be treated as contempt of this court.

In 2024, noting the defacement done by the candidates and their supporters, the high court halted the results till all the defacement material, including posters, hoardings and graffiti, was removed and public property was restored.

"Money and muscle power are the last things to be flowing in the students' union elections. Something has to be done about the display of muscle and money power. This cannot creep into student politics. If there are still infractions or violations, it has to be taken to its logical end," a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said.

The bench said students must pay heed to the orders of the court and the concerns which are not confined to parties but concern the entire population of Delhi.

"We sincerely expect that there will not be any violation till the election process is over," it said.

In this regard, the role of student organisations would be precious, the court said, and added that it expects that their respective candidates should be instructed accordingly by the office-bearers of the organisations.

The bench said candidates cannot be allowed to take the law into their hands as they need to be responsible citizens and are also going to hold posts in future.

"We, having regard to the overall facts and circumstances and assurances by the parties to the petition, request the students, candidates and supporters not to indulge in any kind of violation... We may only issue a word of caution that any violation shall be viewed seriously and shall be treated as contempt of court," it said.

The court was hearing a plea by advocate Prashant Manchanda, who raised concerns over the violation of guidelines and rules to ensure that the DUSU elections were held in an orderly manner.

After examining the photos and videos, the bench prima facie found several violations during the ongoing student campaigns on campus.

While polling will take place on September 18, the vote counting is scheduled on September 19.

The court listed the matter for Tuesday and directed the Delhi Police and Delhi University to file their status reports, also asking the students' organisations to file their reports detailing the measures taken by them.

During the hearing, the counsel for Delhi Police, Traffic Police and Delhi University apprised the court about the steps being taken by them to ensure there are no violations of norms and guidelines by students during elections.

The Delhi Police's counsel said 695 challans have been issued and several cars and two-wheelers have been impounded and prosecuted for issuing advertisements and dangerous driving.

He said several traffic police personnel have been deployed at key junctions for towing away vehicles.

The counsel for Delhi University also claimed that there is no defacement and the campus is clear, adding that most of the photographs filed by the petitioner are old.

The petitioner contended that people are taking tractors inside college complexes and JCBs are showering flowers on them.

"They are crashing into girls' hostels. They are entering the college premises with 200 bouncers. They have nothing to do with the genuine issues of students.

"They are just getting brownie points. They are using muscle and money power to contest and win the elections. Crores of rupees are being spent by candidates in these elections," he argued.

As the counsel for the varsity and the police attempted to submit that the photographs depicting certain violations and defacement pertain to dates before the court passed its September 10 order, the bench shot back, saying, "Why do you need a court's order to act and take action on what's happening?" On being informed that in pursuance of the court order, a meeting was held between the senior officials of the police and the university, and college principals, and they are satisfied with the steps being taken and other arrangements, the court said, "Everybody was satisfied except the judges. It is the court which is not satisfied. So we are the villain here." The counsel for students' organisations -- National Students' Union of India (NSUI) and Akhil Bharatiya Vidyarthi Parishad (ABVP) -- also said that strict instructions have been issued to the candidates to follow all regulatory norms in the polls.

The court told them, "You have made it difficult for a common man to even breathe in the city." The bench noted that during the elections last year, certain candidates were summoned by the court on account of defacement done to public property and they had recorded their undertaking as well as remorse.

On September 10, the court had said the Delhi University needs to take more steps to ensure that the students' body polls in the capital were held peacefully, without any adverse occurrences, including defacement of public property.

Manchanda's plea sought action against the prospective DUSU candidates and student outfits involved in allegedly damaging, defacing, soiling and destroying public walls. PTI SKV SKV KSS KSS