Delhi HC slams DUSU candidates over the use of luxury cars in poll campaign

The Delhi High Court on Friday (September 19) came down heavily on candidates contesting the Delhi University Students’ Union (DUSU) elections for using luxury cars and JCBs during campaigns, observing that no lessons were learned from past warnings.

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Luxury cars shock judges

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela described the situation as “painful,” remarking that it reflected poorly on the functioning of democracy at the institutional level.

“It is very tragic, a sad commentary on the state of affairs, a sad commentary on our democratic functioning of the society, a sad commentary on the democratic functioning of the institutions here…What can be worse than such kind of campaigns in students union elections,” the bench said.

The judges expressed shock over the display of wealth. “From where do they get such big cars… Bentley, Rolls Royce, Ferraris. How are the students getting this? We haven’t even heard of these cars,” the bench remarked.

Orderly poll claim questioned

Additional Solicitor General Chetan Sharma informed the court that elections were conducted in a more orderly manner this year compared to the past.

According to the Delhi Police’s status report, 5,158 challans were issued against traffic violators between August 1 and September 16, with another 386 issued between September 17 and 19 in the vicinity of the colleges.

However, the Chief Justice questioned whether issuing nearly 6,000 challans within one and a half months indicated smooth elections. He also flagged the reduction in voter turnout as a concern.

While appreciating efforts by police and university authorities, the bench said traffic violations and low turnout were indicators that the elections were not as orderly as claimed.

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Petitioner’s allegations

Advocate Prashant Manchanda, the petitioner, alleged that despite court orders banning victory processions, candidates indulged in them, throwing cash and distributing pamphlets. He specifically named DUSU President-elect Aryan Maan, alleging that Maan urged supporters to join celebrations.

“This is the orderly manner they are talking about. They were followed with pamphlets. And they are doing it for eight years. Victory procession all over Delhi even now. And this Aryan Maan (who won the post of President) has sent a message saying 'join me'," he added.

The ABVP’s counsel countered, saying the only symbolic act by the victorious candidates was garlanding a statue of Swami Vivekananda, that too without a crowd. He said that there was no victory procession and no vehicle moment.

ASG Sharma added that Maan had himself posted on social media discouraging victory processions.

Violation of guidelines

“The message is that the court is unsparing as it should be and there has to be order, there has to be civility,” AGS Sharma said.

On this, the Chief Justice remarked: “Not hooliganism, or use of four-wheelers.”

The university informed the court that defacement of public property had reduced compared to last year and that show-cause notices had been issued to seven candidates for alleged violations of Lyngdoh Committee guidelines.

However, none admitted to the charges and denied the allegations in their responses. Irritated by this denial, the bench said, “As if the photos (filed by the petitioner) are created or photoshopped, as if nothing happened,” and issued notices to the candidates.

The court also took note of two news reports by Aaj Tak and ETV Bharat that alleged violations of judicial orders by the candidates, and directed the channels to submit video footage regarding the coverage of the elections from September 10 to 19.

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'Cause of concern'

The court was informed that the counting of votes was held on Friday (September 19) and the result was also declared. The bench ordered that students who won the posts of president and secretary be arrayed as respondents in the matter.

The bench underscored that DUSU elections or that of other affiliated colleges is a yearly feature, held annually, and had become a cause of worry for responsible institutions and citizens alike.

It noted that despite previous rulings and assurances from candidates who had contested earlier that they would get everything cleaned and painted, no real lessons had been learned.

The matter, originally stemming from a 2017 plea filed by Manchanda seeking action against defacement of public properties during DUSU polls, will next be heard on November 6.