The Delhi High Court on Friday sought a response from newly elected Delhi University Students Union (DUSU) President Aryaan Maan and other erring candidates who allegedly indulged in violation of orders, rules and guidelines framed for the elections [Prashant Manchanda v. Union of India & Ors].
The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela today issued notice to few candidates.
"Let the students who were the candidates and were issued notices by the DU be impleaded as party respondents. We also direct that Aaj Tak Delhi and ETV Bharat Delhi be also impleaded as respondents in this petition. Issue notice newly impleaded respondents," the Court directed.
Two of the erring candidates were elected to the posts of President and Secretary. Both candidates are from the Akhil Bharatiya Vidyarthi Parishad (ABVP) party.
The Court has also issued notice to the Aaj Tak Delhi and ETV Bharat Delhi, which had reported on violations.
"The news channels are directed to furnish the video footage regarding the coverage of the elections made by their correspondents from Sept 10 to Sept 19 in electronic form. These channels shall preserve the video footage of the news."
The DUSU election results were announced today, on September 19. However, the Court noted that violations continued despite Court's express order banning victory processions.
The Court was dealing with an application by Advocate Prashant Manchanda who submitted that campaigning for the DUSU elections was being conducted in brazen violation of the Delhi Prevention of Defacement of Property Act, 2007, the Lyngdoh Committee recommendations and the DUSU Code of Conduct.
Manchanda filed the application in a disposed of case where the High Court had earlier issued guidelines to prevent the defacement of property during DUSU elections.
Additional Solicitor General Chetan Sharma appeared for the Delhi Police and stated that about 6,000 challans were issued by the Traffic Department over several violations.
"There can be no cavil on orderly conduct of elections. I place on record the status report. In pursuance to order if this court, there has been a painstaking effort. 6,000 challans have been issued in the vicinity of college for violations."
The Court stated that lower turnouts for polling and rise in challans issued suggest that the elections did not take place in an orderly manner.
"To judge a situation there are some indices. One is turnout of voters, why have they not turned up for polling? They are studying, all educated, it can't be presumed they will not exercise the franchise. Common student has not been able to go for poll. Why? Because he is apprehensive. Ten-fold increase in challan indicates what? On these two indices if you assess, things are clear," the Chief Justice stated.
The Court observed that the material brought to its notice revealed "a telling story" on how the candidates were violating all settled norms of conduct.
"We prima facie find that there have been violations owing to ongoing electioneering in the campus. The photographs depict violation of anti-defacement guidelines and other measures which are sought to be employed by DU to conduct election smoothly."
It said that defacement of properties, illegal posting of pamphlets, excessive use of motorised vehicles and tractors cannot be approved during the election campaigns since use of vehicles in big numbers tends to block traffic and makes life of ordinary persons miserable.
"You may be doing anything, it is inadequate, see the photograph! There is a tractor!" the Chief Justice told the DU counsel.
The next date of hearing is on November 6.
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