The Delhi High Court on Wednesday disposed of a public interest litigation (PIL) alleging that the ongoing Delhi University Students’ Union (DUSU) elections were being interfered with by political parties [Ms Vijeta v. Union of India & Ors]..A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia noted that the primary contention of the petitioner was that some candidates were associated with student wings of political parties and that they would, therefore, be disqualified by contesting in the polls. The petitioner claimed that this is a clear violation of the Lyngdoh Committee’s rules governing student elections, particularly the rule mandating non-involvement of political parties.However, the Bench opined that the membership of a student candidate in a student wing of a political party is not an automatic ground for disqualification. What is barred by the Lyndgoh Committee rules is the involvement of members of political parties in student body elections and representation. "In our opinion, unless and until any one, maybe a student, who is a member of a political party as defined under the Representation of People Act participates in the election process, merely the fact of membership in the student wing of the political party, would not amount to association of such a student with the political party and, therefore, it will not in itself a violation of clause 6.3 or 6.3.1 of the Lyngdoh Committee recommendations", the Court said. However, the Court cautioned University authorities and the Chief Election Officer that it is their responsibility to ensure that the elections remain free from interference by members of political parties. .The plea, filed by DU student Vijeta, alleged that the University failed to implement the Supreme Court's directions on keeping student elections free from political party influence. The plea alleged that student wings of political parties, including the National Students' Union of India (NSUI), the Akhil Bharatiya Vidyarthi Parishad (ABVP), the Aam Aadmi Party's (AAP's) student wing Association of Students for Alternative Politics (ASAP) and an alliance between Students' Federation of India (SFI) and the All India Students' Association (AISA), issued panels or declared candidates for the DUSU elections. Additionally, the plea also challenged the September 11 notice by the Chief Election Officer shortlisting candidates for the posts of President, Vice-President, Secretary and Joint Secretary of DUSU. It alleged that the shortlisted candidates include representatives of political party student wings and that their candidature is, therefore, liable to be quashed..The Court today noted that one of the documents appended to the petition showed a public poster made by a person claiming to be a candidate for DUSU President which contains the name of a political party and its election symbol. The Court underscored that such actions need to be checked by the University and election authorities. It also made it clear that these authorities also are duty bound to ensure compliance with the Delhi Prevention of Defacement of Property Act, 2007."In view of the above discussion, though the challenge in this writ petition fails, the chief election officer and other responsible authorities of the university are expected to ensure that any interference from any member of a political party is duly checked and the code of conduct, the Lyngdoh Committee recommendations as accepted by Supreme Court, the orders passed by this court from time to time, and the provisions of the Delhi Prevention of Defacement of Property Act, 2007 are to be complied with", the Court said in its order. .The petition was filed through Advocates Sneh Vardhan and Pratibha Sinha.Advocate Barun Kumar Sinha mentioned the matter before the Court..[Read Live Coverage]
