The Delhi High Court on Thursday halted the counting of votes of DUSU elections, which are scheduled on Friday, till all the defacement material, including posters, hoarding and graffiti, is removed and public property is restored.
A bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela said the elections process may proceed but the counting of votes will not take place till the court is satisfied that defacement of property has been removed. “This court directs that the elections process may proceed yet no counting of votes shall take place either on Delhi University (Students' Union) elections or on college elections till this court is satisfied that posters, hoardings, graffiti, spray paints are removed and public property is restored,†the bench said.
It directed the varsity to file a fresh status report and to ensure that EVMs and ballot boxes, to be used in the Delhi University Students' Union (DUSU) elections, are kept secured in a safe place till further orders.
The court also directed the Delhi University to pay the expenses incurred by the civic authorities, including MCD and Delhi Metro, in removing the defacement and added that the varsity may recover the amount from the candidates thereafter.
“Delhi University has to bear the cost for this. Civic agencies can't be made to suffer due to this. You (DU) are not doing anything, you don't have a system in place. DU was merrily going around with it. You never came to the court that guidelines were being violated by the candidates, it was private persons who approached the court and apprised us of the situation,†the bench said.
It said the varsity, where lakhs of students are studying, is not able to deal with the 21 candidates and added that the problem was “lack of will and lack of courageâ€.
“These 21 students are bringing a bad name to the university. How can you allow this to happen? You have to exercise your powers, you don't have to be scared of anyone,†the bench said and listed the matter for further proceedings on October 21. During the hearing, the counsel for the DU submitted that out of the three options suggested by the court on Wednesday, counting of votes can be withheld.
The petitioners, however, urged the court to cancel the elections till the time the defacement is cleaned. The court had suggested that the university should defer the elections, scheduled for September 27, or disqualify the candidates and start nomination afresh or should allow polling but not declare the results till all the defacement is removed.
The court was hearing a plea seeking action against the prospective DUSU candidates and student outfits involved in damaging, defacing, soiling or destroying the beauty of public walls. Petitioner Prashant Manchanda, a practising advocate, also sought action against those involved in damaging classrooms, thus denying the citizens a clean and beautiful environment and surroundings free from defacement as well as depriving the students of their right to education.
He also sought a direction to erring candidates and their parties to remove the defacement and refurbish the areas and further take efforts for beautification of the destroyed portions.
On Wednesday, another petition by a group of students studying at DU came up for hearing. The petitioners, represented by advocate Govind Jee, highlighted the alleged nuisance, disruptions and other activities like defacement of public property under the guise of DUSU elections.
