The Delhi High Court on Friday imposed a DUSU Victory Procession Ban during the ongoing Delhi University Students Union (DUSU) elections. It prohibited student organisations, candidates and others from holding victory processions after the results. The restriction applies to Delhi roads as well as university campuses and hostels.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia also issued notices to all student organisations and their candidates. The Court asked them to explain why it should not impose exemplary electoral damages for violations of the Lyngdoh Committee recommendations and judicial orders.
The Bench passed the directions after learning that polling was underway. The results were scheduled to be declared the following day.
Referring to its experience during previous elections, the Court directed:
“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.”
Delhi Police Asked To Prevent Processions
The High Court directed the Delhi Police to ensure that no such victory procession takes place.
The Court clarified that violations would invite criminal and administrative action. It added that any breach would also amount to contempt of court.
During the hearing, ASG Chetan Sharma informed the Court about enforcement measures taken so far. Authorities had issued 998 challans and impounded 30 cars. One student had faced rustication. Police had also registered six FIRs and arrested four students.
He further informed the Bench that authorities had issued 5,737 challans for defective cars and vehicles found without licences.
Court Questions Student Organisations
The Bench addressed counsel appearing for student organisations, including ABVP and NSUI, over the alleged violations.
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 also referred to an incident involving a candidate who won the elections last year and later slapped a college professor.
Chief Justice Upadhyaya remarked:
“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 Bench directed the police to take the criminal action already initiated to its logical conclusion.
Court Proposes Collective Electoral Damages
The High Court noted frequent and brazen violations of the Lyngdoh Committee recommendations. It said authorities must check the situation through all available means.
The Court stated:
“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 Bench consequently issued notices to the student organisations and all 140 candidates contesting the elections.
Court Had Earlier Raised Concerns Over Violence
The directions came a day after the High Court criticised authorities for failing to control violence during the DUSU elections.
The Court had observed that democracy could not be allowed to turn into a “criminal society.”
It had also expressed concern over violence involving unruly elements. The Court referred to apparent misconduct by candidates, students and outsiders during student union and college elections.
It noted that such conduct had become a matter of concern for responsible sections of society, including the Supreme Court.
Proceedings Arise From 2017 Petition
The High Court passed the order while hearing a fresh application filed by lawyer Prashant Manchanda. The application forms part of his petition filed in 2017.
The original petition sought action against candidates who allegedly defaced public properties. It also sought removal of the defacement and refurbishment of the affected areas.
Manchanda mentioned the fresh application before the Court. He submitted that candidates had engaged in vandalism even on the previous day.
He argued that the alleged conduct violated the Lyngdoh Committee norms. He also referred to judicial orders issued from time to time.
The application raised concerns about compliance with guidelines and other measures governing the elections. These measures aim to ensure that DUSU elections take place peacefully and in an orderly manner.
Court Cautions Against Political Interference
The Lyngdoh Committee recommendations prescribe that student elections in colleges and universities must remain free from political party influence.
During the previous day’s proceedings, the High Court clarified that membership in a political party’s student wing does not bar a student from contesting DUSU elections.
However, the Court cautioned against political interference in the electoral process. It asked the Delhi University authorities and the Chief Election Officer to check such interference.
During the previous year’s elections, Chief Justice Upadhyaya had also stressed the need for an orderly election process. He said elections must take place without property defacement or illegal use of vehicles.
The Bench had further observed that students could not take the law into their own hands during student union elections.
The latest DUSU Victory Procession Ban prohibits victory processions after the declaration of results and thereafter, including inside campuses and hostels.
