Read Time: 08 minutes

Synopsis

Acknowledging the need for clarity and impartial oversight, the Delhi High Court appointed retired Supreme Court judge Justice V. Ramasubramanian as an observer for the 2023-24 elections of the Jawaharlal Nehru University Students Union (JNUSU). This appointment comes amidst growing concerns and allegations regarding the fairness and transparency of the election process.

The bench of Justice Sachin Datta said, “There is ambiguity about the so called 'chit system'...respective counsel for the parties are also in agreement that in the meantime, for the purpose of the ongoing election process, a retired judge of the Supreme Court be appointed by this Court, as the Observer to exercise oversight over the activities/functions to be discharged by the Election Committee”.

The petitioner, a JNU student, filed a petition, challenging the procedural methodology adopted by the University respondents in constituting the Election Committee (EC) for the 2023-24 elections of the Jawaharlal Nehru University Students Union (JNUSU). The petitioner challenged the validity of a notification authorizing respondents to conduct General Body Meetings (GBMs) in constituent schools for the election of EC members.

Senior Advocate Sanjay Poddar, representing the petitioner, argued that the process circumvented the Students Council, resulting in the selection of handpicked EC members, thereby contravening the university's constitution. The petitioner asserted that this flawed procedure compromised the integrity of the elections, given the significant powers vested in the EC, including the authority to disqualify candidates and voters.

Additionally, Advocate Poddar alleged that the respondents unlawfully presided over the General Body Meetings (GBMs) despite the presence of duly elected councilors from each school and biasedly constituted the EC to favor candidates aligned with their political ideology, owing to their affiliation with a political party.

Advocate Monika Arora, representing the University, contended that the petitioner lacked standing as a non-candidate and highlighted the establishment of the Grievance Redressal Cell to address election-related matters. It was also argued that the election timeline was aligned with the academic calendar to ensure broad student participation.

Additionally, Advocate Arora asserted that the constitution of the EC received approval from the university body due to the previous absence of student unions. Conducting GBMs for EC elections was deemed appropriate, thereby limiting the scope of the petitioner's challenge. 

The bench noted that upon initial review, certain contentions raised by the petitioner regarding the constitution of the EC for the impugned elections warranted further examination. The bench observed that the petitioner invoked Article 18.3 of the JNUSU Constitution, arguing against bypassing the Students' Council in the EC formation process. 

Court observed that there was uncertainty surrounding the alleged "chit system" employed during the school-level GBMs for selecting EC members. The lack of clarity was compounded by their explanation during the hearing, along with the absence of records or minutes detailing the election procedure.

To ascertain the legality and propriety of this process, the court opined that a thorough examination of relevant records was necessary. Given this complexity, instead of initiating a detailed factual inquiry, it was deemed appropriate that the petitioner's grievances be addressed by the Grievance Redressal Cell specifically established for the impugned elections. 

Therefore, the bench granted the petitioner liberty to approach the Grievance Redressal Cell, adhering to the Lyngdoh Committee recommendations. The Grievance Redressal Cell has been tasked with reviewing the petitioner's grievances and issuing a reasoned decision in accordance with the law. If the constitution of the EC is found to be inconsistent with the law or the Lyngdoh Committee recommendations, the Grievance Redressal Cell would issue appropriate consequential orders regarding the impugned elections, court directed.

Additionally, court appointed a retired Supreme Court judge, Justice V. Ramasubramanian, as an Observer to oversee the Election Committee's activities during the ongoing election process.

Case Title: Sakshi v Jawaharlal Nehru University Through Its Registrar & Anr