DUSU polls: Delhi HC warns of staying vote counting over hooliganism, violence during campaigning

New Delhi: The Delhi High Court on Thursday expressed strong displeasure over alleged incidents of violence and hooliganism during campaigning for the Delhi University Students' Union (DUSU) elections and warned that it would stay the counting of votes and declaration of results if authorities do not take satisfactory action for the "unruly conduct".

Voting is scheduled to be held on Friday and counting of votes on September 19. Campaigning ended on Wednesday.

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A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia emphasised that "criminal" behaviour cannot be justified in the name of democracy, and asked Delhi Police and the Delhi University to file status reports by Friday.

"No excuses will be accepted by the court. We are making it very clear that though we are not staying the election or postponing the election, if we are not satisfied by your action, tomorrow we can pass harsher orders, including staying the counting and declaration of results," the bench stated.

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"What we feel is that unless such drastic orders are passed, no one is going to come to terms and it is very sad. Please tell us if you are unable to control the situation. We know how to get it done. This can't be permitted," it further said.

The court said the lawyers representing the various students organisations should appear for hearing Friday.

Advocate Prashant Manchanda said Wednesday was the "blackest day" in the history of DUSU elections, when certain persons hijacked DU's north campus area and professors and students were beaten.

Manchanda, whose petition concerning DUSU polls is pending in court, said he received messages from teachers and students saying that "guns have been used and the entire campus has been hijacked".

"The court may see the CCTV footage of LC-1 area. That shows that children were hounded and they were locked in their rooms by goons who came from outside," he contended.

Manchanda's latest application alleged that this year, election campaigning witnessed violence, vandalism, large-scale mobilisation and entry of outsiders and use of fleets of high-end vehicles, which included cars without registration plates, etc, in complete violation of the norms.

The court said that the material before it showed a "complete failure" on part of the authorities and the students in ensuring a smooth election process in DU and compliance with the recommendations of the Lyngdoh Committee report and the orders of the High Court and the Supreme Court.

The court observed that the material showed cars without number plates, and certain incriminating pictures had even been posted on the candidates' official handles.

"Students unions in the universities or colleges are said to be nurseries of democracy and therefore, the democratic process involving student unions needs to be strengthened, which will go a long way in strengthening our own democratic system in the society. However, permitting elections of students unions to take a colour as depicted in the material placed on record is unacceptable at any cost," the court said.

"Message is very clear. We are more than conscious that we are a democratic society but we are also conscious that democracy can't be permitted into a criminal society", the court added.

The bench, which initially orally remarked that it would postpone the elections, asserted the first responsibility for such "reckless and criminal conduct" lied with the students and questioned why the DU and police authorities were unable to check the presence of "outsiders" and control the situation.

"Enough is enough. You (students) are thrashing your own teachers in the name of being creative, brandishing guns. You (DU) simply say you cannot control anything. We will abandon the elections. If you are unable to control, leave your job. Your own daughter, my niece are studying in north campus. What will happen to them," the court asked.

Additional Solicitor General Chetan Sharma, appearing for the Centre, assured that action would be taken against those responsible for the "abominable" actions and that an FIR has already been registered by the police and arrests would be made.

He submitted that despite the DU's north campus being "porous", this year, the elections process has been 85-90 per cent better than last year, and DUSU elections should not be called off hours before polling.

The counsel for DU also said that action would be taken against those responsible.

"We have been issuing various directions and have been urging students and their organisations, the administration and the police to ensure proper conduct of the elections but this kind of conduct, which is a matter of common knowledge, tells a story otherwise," the court said.