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Prashant Manchanda sought directions for authorities to take action against DUSU election candidates and student political groups involved in defacing public property and disrupting classrooms. It was alleged that student leaders were damaging public and private property by spray-painting and pasting posters across Delhi in preparation for the elections, including defacing classrooms.
The Delhi High Court, on Wednesday, directed the Delhi University, Municipal Corporation of Delhi (MCD), and Delhi Metro Rail Corporation (DMRC) to ensure no further defacement of public property is committed during the Delhi University Student Union Elections (DUSU Elections).
"Delhi Police is directed to cooperate with Delhi University, MCD, and as well as the DMRC and ensure that no further defacement of public property takes place and the defacement which has already taken place is removed", the bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela ordered.
The court made such observations in a plea filed by Prashant Manchanda seeking directions against the Union to take appropriate measures against prospective candidates of the DUSU elections and student political groups who may have been involved in defacing public walls and disrupting classrooms.
Manchanda contended that the nature of the defacement indicated that public property was being utilized to solicit votes for candidates contesting various posts in the DUSU Elections. Manchanda also alleged that aspiring student leaders, supported by political organizations, were damaging and defacing both public and private properties by spray-painting and pasting posters on subways, flyovers, overbridges, and walls throughout the capital in preparation for the DUSU elections.
It was also asserted that the defacement revealed the identities of those on whose behalf the posters were pasted. As a result, the necessity of appropriate action under the law was evident. Manchanda further claimed that even classrooms within Delhi University and its affiliated colleges had been defaced by individuals seeking votes in the elections.
During the recent court hearing, the MCD and DMRC handed over charts along with photographs to show instances of defacement of public property. It was also asserted that between 13th and 25th September 2024,16,000 Boards, 7,000 Hoardings, two lakh posters/pamphlets, and 28,500 Banners were removed.
The court, after recording the submissions of the parties, prima facie noted that the "expenditure in crores has been incurred by the candidates contesting the elections".
Accordingly, the court accepted the prayer of the university and listed the matter for September 26, 2024.
For Union: Special Public Counsel Bharathi RajuFor University: Advocates Mohinder JS Rupal and Hardik RupalFor MCD: Standing Counsel Sanjeev Sabharwal with Advocate Shweta Singh For DMRC: Advocates Pushkar Sood, Shikha Sood, Monika Saini, and Satya Prakash Singh
Case Title: Prashant Manchanda v Union (W.P.(C) 7824/2017)
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