Delhi HC Halts DUSU Vote Counting Until Defacement of Property is Cleared
The Delhi High Court on Thursday ordered the suspension of vote counting for the Delhi University Students’ Union (DUSU) elections, scheduled for Friday, until all defacement materials such as posters, hoardings, and graffiti are removed, and public property is restored.
A bench consisting of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela ruled that while the election process may continue, no votes will be counted until the court is satisfied that all defacement has been cleared.
Originally, vote counting was set to take place on Saturday.
“This court directs that the election process may proceed, but no counting of votes shall occur for either the Delhi University Students’ Union elections or college elections until this court is satisfied that posters, hoardings, graffiti, and spray paint are removed, and public property is restored,” stated the bench.
The court has also instructed Delhi University (DU) to file a fresh status report and ensure that electronic voting machines (EVMs) and ballot boxes used in the DUSU elections are securely stored until further notice.
Additionally, DU has been directed to bear the cost incurred by civic bodies such as the Municipal Corporation of Delhi (MCD) and Delhi Metro in removing defacement. The university is allowed to recover these costs from the candidates involved in the defacement.
The court criticized the university for its failure to supervise the election process and discipline candidates effectively.
“This is your failure. It has happened due to a lack of supervision by DU. You must pay for this. Civic agencies cannot bear these costs. You are not monitoring anything, and no system is in place,” the court stated.
The court further reprimanded DU for not taking action against breaches of its orders, emphasizing that it was private individuals who had brought the matter to the court’s attention.
“DU was merrily going along with what was happening. It is not taking a stand, which is very unfortunate… You are allowing standards to fall,” said the bench, urging the university to take a clear stance and exercise its authority over the candidates.
The court questioned how candidates were able to campaign using cavalcades of un-numbered luxury vehicles and suggested that DU was struggling to manage a small group of 21 candidates.
“These 21 students are bringing a bad name to the entire university. You have to exercise your powers; you don’t need to be scared of anyone,” remarked the bench, setting the next hearing for October 21.
The case arose from a petition seeking action against DUSU candidates and student organizations responsible for defacing public property and damaging the aesthetic of public walls.