All DUSU candidates flouted campaign rules, Delhi HC says, issues notices

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela said its earlier warnings had not had the desired effect and called the conduct of both elected and defeated candidates “disheartening” and “painful”.

The remarks came after Delhi University’s counsel, Rupal Mohinder, told the court the university had issued show-cause notices to seven candidates, including Maan and Choudhary, seeking explanations for the alleged violations. The students, Mohinder said, denied the charges and demanded proof.

Representing Delhi Police, additional solicitor general Chetan Sharma said police issued 5,158 fines between August 1 and September 16 for traffic violations such as dangerous driving, defective number plates, riding without helmets and tinted windows near campuses. He added that another 386 fines were issued between September 17 and 19, but argued that this year’s elections were “significantly more orderly and smooth compared to previous years”.

RSS-affiliated Akhil Bharatiya Vidyarthi Parishad (ABVP) lawyer Sanjay Poddar told the court that candidates backed by the outfit complied with the ban on victory processions. He said they only made “a symbolic gesture” by placing a garland on a statue of Swami Vivekananda.

The bench said the elections’ conduct should concern “every responsible institution and citizen”. Chief Justice Upadhyay remarked, “Court’s cautionary orders have not worked… you’ve not only violated the rules, regulations but also this court’s judgment… It’s very, very painful. Despite our orders, despite the fact that every single candidate knew that the court is monitoring it, every single candidate has not abided by the guidelines. Where are we heading to? None of the candidates—I’m sure none—would have read the order because this is not the concern these days. I am most disappointed with the students. Over the years, the shape these elections have taken has been a cause of concern.”

The judges noted that candidates’ replies to the university’s notices seemed like “mere legal drafting” without any acknowledgment of wrongdoing. “Students have not yet learnt from last year,” the bench said. “Last year we did give them some time. We will have to call them. Their reply to the show-cause notices is legal drafting. They are saying that you (DU) don’t have proof… None of them has admitted even a single instance. That is the sad part.”

The court also criticized the overall state of campus politics. “It’s a very tragic, painful, sad commentary on the state of affairs in our democratic functioning and democratic institutions,” the bench said. “What can be worse than such campaigns? Use of JCBs, big cars—this is unwarranted, unwelcomed. Use of Bentley, Rolls-Royce? The only thing which we do not want kicking in is the use of money and muscle power.”

The court was hearing a plea by advocate Prashant Manchanda seeking action against candidates for violating the Lyngdoh Committee recommendations, the DUSU 2022–26 election code of conduct and related guidelines.

The matter will be heard next on November 6. Earlier this week, the court warned it would not allow newly elected office bearers to take charge if the September 18 polls were marred by disorder or unrest, even as it declined to interfere in the conduct of the elections. It had also barred victory processions in college campuses, hostels or elsewhere in the city.