DUSU polls: HC halts counting of votes till defacement is removed

New Delhi: The Delhi High Court on Thursday halted the counting of votes of the Delhi University Students Union (DUSU) elections, which are scheduled on Friday, till all the defacement material, including posters, hoarding and graffiti, is removed and public property is restored.

A bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela said the election process may proceed but the counting of votes will not take place till the court is satisfied that defacement of property has been removed.

The counting of votes was to be held on Saturday.

“This court directs that the elections process may proceed yet no counting of votes shall take place either on Delhi University (Students' Union) elections or on college elections till this court is satisfied that posters, hoardings, graffiti, spray paints are removed and public property is restored,” the bench said.

It directed the varsity to file a fresh status report and to ensure that EVMs and ballot boxes, to be used in the DUSU elections, are kept secured in a safe place till further orders.

The court also directed the Delhi University (DU) to pay the expenses incurred by the civic authorities, including MCD and Delhi Metro, in removing the defacement and added that the varsity may recover the amount from the candidates thereafter.

It pulled up the varsity and its officials for their failure to discipline the candidates and supervise the election process.

“This is your failure. It has happened because of lack of supervision by DU. You have to pay for this. Civic agencies cannot pay for this. You are not monitoring anything. You are not able to have a system in place. You never came to court saying my orders are being breached. It is the private people who have come and brought this to our knowledge.

“DU was merrily going along with what was happening. It is not taking a stand, which is very unfortunate... You are allowing the standards to fall,” it said, asking the varsity to send a clear message to the candidates and to exercise the power vested in it.

The court said the DU vice chancellor must have put some robust system in place but he has done nothing. It wondered how these candidates can use a cavalcade of un-numbered luxurious cars in campaigning.

It said the varsity, where lakhs of students are studying, is not able to deal with the 21 candidates and added that the problem was “lack of will and lack of courage”.

“These 21 students are bringing a bad name to the entire university. How can you allow this to happen? You have to exercise your powers, you don’t have to be scared of anyone,” the bench said and listed the matter for further proceedings on October 21.

The court was hearing a plea seeking action against the prospective DUSU candidates and student outfits involved in damaging, defacing, soiling or destroying the beauty of public walls.

Petitioner Prashant Manchanda, a practising advocate, said the erring candidates and their parties be directed to remove the defacement and refurbish the areas and further take efforts for beautification of the destroyed portions.

He also placed photographs before the bench to show that the candidates and their supporters have allegedly destroyed public property across all quarters of Delhi and were using luxurious cars causing traffic problems and unwarranted discomfort to commuters.

The court also heard another plea by a group of students studying at DU. The petitioners, represented by advocate Govind Jee, highlighted the alleged nuisance, disruptions and other activities like defacement of public property under the guise of DUSU elections.

During the hearing, the counsel for the DU submitted that out of the three options suggested by the court on Wednesday, counting of votes can be withheld.

He said a meeting was held yesterday by the authorities and was attended by 16 of 21 candidates.

He said the candidates were asked to file affidavits to remove the posters and graffiti on public walls and properties.

The petitioners, however, urged the court to cancel the elections till the time the defacement is cleaned.

The court had suggested that the university should defer the elections, scheduled for September 27, or disqualify the candidates and start nomination afresh or should allow polling but not declare the results till all defacement is removed.

Coming down heavily on the varsity, the bench said if the authorities don’t know how to discipline students then who else will know this?

“These are all people who are pursuing higher academics, and this is what is happening in these colleges. You have all the power. You can say he is no longer my student. That's the end of it. What will he contest? What will he win? You don't know how to handle them,” it said.

The court said the university is a moral authority and when the court can pass orders why can’t the varsity do it.

“Because you lack the courage, you lack the moral authority. It is a dirty job, you make enemies every day. That's what we are supposed to do, and that's what you're supposed to do. But if you're failing in your duty, what can we do? You don't want to exercise the power with you. We exercise the power that we have,” it said.

Justice Manmohan said, “We don't have any extra power. You also have the same power. Your power is far more than us. You know how to discipline a student. You can't deal with 21 students. And these 21 students are bringing a bad name to the entire university. How can this be? This is your responsibility. You will bear the cost for this. You are not performing. You don't want others to perform also.”