DUSU poll campaigning: Delhi High Court calls for strict steps to prevent property defacement, traffic snarls

The Delhi High Court on Wednesday asked the Delhi University (DU) to take effective and strict measures to prevent defacement of properties and traffic snarls during the Delhi University Students Union (DUSU) elections [Prashant Manchanda vs Union of India & Ors.].

The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed DU to file an affidavit on the measures and steps in place to conduct the DUSU elections smoothly. The Court further ordered the Delhi Police to assist the DU in ensuring compliance with the norms during the elections.

"We call upon the appropriate authority of DU to file an affidavit detailing the measures which are being taken to ensure election take place in orderly manner," the Court directed.

The DUSU elections are scheduled to be held on September 18.

The Court was dealing with an application by advocate Prashant Manchanda who submitted that campaign for the DUSU elections was being conducted in brazen violation law and rules - Delhi Prevention of Defacement of Property Act, 2007, Lyngdoh Committee recommendations and 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.

"The candidates have been indulging in canvassing  through tractors, vehicles, rallies, road-shows, Shakti Pradarshan, and other unlawful processions carried out  with brazen impunity across Delhi University campuses  and adjoining public areas. The Petitioner in Person has  documented photographic and video evidence of  massive traffic congestion on roads and highways  caused by cavalcades of cars prominently displaying the  names of candidates," the application by Manchanda said.

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," the Court said.

The Court observed that defacement of properties, illegal flying of pamphlets, excessive use of motorised vehicles and tractors cannot be approved during the election campaigns since use of vehicles in big number 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 matter will be heard again next week on September 15.

The Court today also heard a Public Interest Litigation (PIL) seeking enforcement of Model Code of Conduct Rules. The bench disposed of the PIL noting that it is DU's responsibility to enforce the rules.

"It is common knowledge that ordinarily during DUSU elections, some of the other violations is reported and it becomes the duty of DU to ensure that election takes places in conformity of MCC Rules but also as per Lyngdoh Committee report. Please ensure that it takes place in peaceful manner. Steps may or may not be adequate. We dispose of this petition with hope and trust and direction that DU will enforce model code of conduct Rules," the Court stated.

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