DUSU Polls Violence | ‘Hooliganism’: Delhi HC Mulls Collective Damages Against Candidates, Student Bodies; Issues Notices

The Delhi High Court on Friday issued notice to all 140 candidates contesting the Delhi University Students’ Union (DUSU) elections and the student organisations calling upon them to show cause why electoral and collective damages should not be imposed for alleged violations during the election campaign.

The Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia also prohibited victory processions and directed that no drums be played following the declaration of the election results.

"Having noticed frequent violations on the part of the students/candidates and even the student organizations, we propose to proceed to impose collective electoral damages not only on the individual students who may be found violating the norms but also on the student organizations" Court dictated in its order.

The directions came a day after the Court warned that it could stay the counting of votes and declaration of DUSU election results if it was not satisfied with the action taken by Delhi University and the police over alleged violence, vandalism and other violations during campaigning.

On Friday, the Bench examined the status reports filed by Delhi University and Delhi Police and questioned the representatives of various student organisations about the conduct of candidates and campaigners.

At one point, while examining photographs and videos placed before it, the Court remarked: "You stand on roof top. Standing on the front bonnet. What else is hooliganism? Are these students? They are not. They are brandishing weapons. Eating up the resources meant for genuine students. Where do they get their money from?"

'Why not impose collective damages?'

During the hearing, ASG Chetan Sharma, representing the UOI and Delhi Police, submitted that a list had been prepared setting out the violations allegedly committed by individual candidates, irrespective of the student organisation to which they belonged.

He submitted that the violations were "flying in the teeth" of the orders passed by the High Court and that merely issuing show-cause notices had not proved effective in the past.

The Court agreed that the repeated violations required a stronger response.

The Bench said: "We will impose the collective damages for all these violations. You people have not...not mended your ways. See the orders passed on the last occasion of the elections. Nothing nothing is working now. The message has to go clear."

The Bench thereafter directed that notices be issued to the student organisations asking them to show cause why collective damages should not be imposed on them as well as the individuals concerned.

The Court also directed that notices be issued to all the 140 candidates contesting the four DUSU posts, calling upon them to show cause why damages should not be imposed.

The Court directed that the complete list of candidates along with their addresses be supplied so that notices could be served on all of them.

The Bench also referred to an incident from an earlier DUSU election in which a winning candidate had allegedly slapped a teacher after the election. It said : "After election, one candidate who won, I mean that candidate slapped a teacher! After winning! It happens year after year; Any victory should make you humble."

"There cannot be any doubt on any count that frequent and brazen violation of the recommendations made by the Lyngdoh committee is occurring. We thus direct that the criminal action initiated by the police shall in all right earnest be taken to its logical end" Court dictated in its order.

Counsel appearing for a student organization submitted that if anything had been done wrongly, the organization would apologize. The Court, however, indicated that apologies would not be sufficient this time.

The Court was informed that the police had issued a large number of challans and impounded vehicles in connection with the alleged violations. Counsel told the Bench that 49 vehicles had been impounded, with five more allegedly being impounded as the hearing was underway.

The Court was also informed about approximately 5,700 challans, including challans relating to vehicles without registration plates, defective vehicles and other traffic violations.

The Court was also told that the police had taken action against persons visible in photographs and videos and that show-cause notices had been issued to candidates.

ASG Chetan Sharma's submissions

ASG Sharma submitted that unless candidates understood the consequences of violations, including the possibility of cancellation of candidature, they would continue to disregard the rules.

He submitted: "Unless they know what they are doing, unless they know the consequences, unless at least their declaration somebody's candidature is canceled it will not give them any lessons My Lords. That's the problem."

He also submitted that the violations demonstrated that the authorities were facing difficulty in controlling the election process, despite their efforts. "let the message go and let your lordships impose exemplary damages on not one but every organization who's here. Nobody should be spared. We volunteered last year also, my lords; absolutely, we stand by that. But, my lords, unless and until this is corrected, yes there has been a significant change, but my lords, if elections are to happen in this way it spells doom for the society and your lordships will come down very heavily” ASG Sharma submitted.

Court examines campaigning by Candidates

The Bench examined photographs and other material concerning campaign vehicles and social media posts of candidates. At one point, the Court referred to material showing a candidate on a rooftop and asked what action had been taken.

The Bench also examined material uploaded through an official social media handle and referred to the use of a political party's election symbol.

When counsel submitted that the particular candidate had been issued a show-cause notice, the Court questioned whether that was sufficient. "What steps? Extraordinary. extraordinary measures. What can be more alarming than all this. in the capital city of our nation. What do you say to this?"

The Court had earlier expressed concern over photographs showing campaigners on vehicles without proper registration plates and other alleged violations of the election rules.