DUSU polling done, but when will High Court allow counting of votes?

Phase 1 voting for the Delhi University Students Union (DUSU) elections is over, but will results be out anytime soon?

A Delhi High Court order had yesterday, 26 September, directed against the counting of votes that was scheduled for Saturday, 28 September, until the university has removed all 'defacement' — by way of posters, hoardings and graffiti — and restored all public property thus defaced.

The court had also directed the Delhi University to pay the expenses incurred by the civic authorities, including the MCD and the Delhi Metro, to remove such defacements. It had added that the varsity may recover the amount from the responsible candidates thereafter.

This situation has added an element of uncertainty to the elections. Students participated in the voting process with evident pride, but they will be awaiting further legal clarity on when and how the counting can take place.

A bench of chief justice designate Manmohan and justice Tushar Rao Gedela had said the day before the polls that the elections process may proceed, but the counting of votes will not take place till the court is satisfied that the defacement of property has been remedied.

‘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.

The court also directed the varsity to file a fresh status report and to ensure that the EVMs and ballot boxes for the DUSU elections are kept secure in a safe place, awaiting further orders.

‘Delhi University has to bear the cost for this. Civic agencies can’t be made to suffer due to this. You (DU) are not doing anything, you don’t have a system in place. DU was merrily going [along] with it. You never came to the court [to say] that guidelines were being violated by the candidates. It was private persons who approached the court and apprised us of the situation,’ the bench said.

It said that if DU, where lakhs of students are enrolled, is not able to deal with just 21 candidates, it signified that the problem was a ‘lack of will and lack of courage’.

‘These 21 students are bringing a bad name to the 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 21 October.

The court was hearing on Wednesday, 26 September, a plea seeking action against prospective DUSU candidates and student outfits involved in damaging, defacing, soiling or destroying the beauty of public walls.

The court had earlier suggested that the university should defer the elections, scheduled for 27 September, or disqualify the candidates responsible and initiate fresh nominations — or should allow polling but not declare the results till all defacing material was removed.

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

The petitioners, however, urged the court to cancel the elections till the time all defacement was cleaned up.

The bench said that prima facie, crores of rupees were being spent by candidates and orally called upon the vice-chancellor to step in and take strict action. People are ‘behaving like illiterates’ in a place of learning, the court said, and added that the election system is not supposed to corrupt the youth.

The high court orally directed Delhi University to issue disqualification notices to the candidates involved in the defacement of public property and also recover the damages from them.

"You issue them disqualification notice today itself and also ask for recovery of money for defacement of properties. Delhi Metro and MCD should give the names of those involved to the Delhi University. Give the names of those who are defacing public property," the bench said.

Petitioner Prashant Manchanda, a practising advocate, also sought action against those involved in damaging classrooms, thus denying the citizens a clean and beautiful environment and surroundings free from defacement, as well as depriving the students of their right to a education.

He also sought a direction to erring candidates and their parties to remove the defacement and refurbish the affected areas, and further take up efforts for the beautification of destroyed properties.

With PTI inputs