DUSU elections: Delhi High Court bans victory procession after poll results

The Delhi High Court on Wednesday directed that there shall be no victory procession after the Delhi University Students Union (DUSU) elections results are announced [Prashant Manchanda v. Union of India & Ors].

The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela ordered,

"A common concern is expressed that after counting is over, winning candidates take out victory procession which as per past experience becomes very difficult for the police and DU authorities. We direct that no victory procession in the campus or any other area shall be taken out."

The Court warned that it would stop functioning of DUSU if the elections are not conducted in a peaceful and orderly manner.

"We are not interfering with the elections. If your reports are not positive then counting may take place, but we would stop functioning of office bearers. If it is not satisfactory and that the elections are not conducted in a peaceful and orderly manner we would consider passing such order," the Chief Justice stated.

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 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.

"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.

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