Defacement of property: Delhi HC directs DUSU polls candidates to appear in court

A bench impleaded several candidates as parties to the proceedings while directing them to appear before it on October 28 and explain their conduct.

New Delhi: The Delhi High Court on Monday issued notices to several student candidates to appear before it for allegedly defacing public property during the Delhi University Students' Union (DUSU) polls in September 2024.

A bench comprising Chief Justice Mamohan and Justice Tushar Rao Gedela impleaded several candidates as parties to the proceedings while directing them to appear before it on October 28 and explain their conduct.

"Those candidates who have majorly defaced the public property have to be brought here," said the bench while directing the petitioner to give names.

The court questioned the university as well as Delhi Police for not taking appropriate action against those responsible for defacement and hooliganism.

The court, which had halted the counting of votes of DUSU elections till all the defacement material, including posters, hoardings and graffiti was removed and public property was restored, reiterated the warning.

The court orally asked the counsel for the Delhi University to communicate to the vice-chancellor that an administrative failure had led to such an unpleasant situation and he should undertake remedial measures.

"There are unnumbered cars roaming around in the Delhi University area and it is doing nothing, that is very surprising. You have to do something, these candidates study in your colleges and you have full power. They are campaigning on luxury cars which are not even numbered," the bench remarked.

The court further pointed out that such scenes were not even witnessed during the municipal elections whereas it was being allowed during the university and college elections.

"How can you permit students to do hooliganism on highways? You put it to the vice-chancellor or else we will pass some speaking orders," warned the bench.

It also said the police should take action on such cars plying on roads while terming it a serious issue.

The court was hearing a petition seeking action against the prospective DUSU candidates and student outfits involved in allegedly damaging, defacing, soiling and destroying public walls.

While the polling took place on September 27, the vote counting -- scheduled for September 28 -- was halted by the high court.

Petitioner and advocate Prashant Manchanda submitted there were instances of people crashing into women's colleges during campaigning and people were scared of using areas where they witnessed convoys of 80-100 cars.

Two candidates, who contested the college elections in two separate DU colleges, urged the court to allow the counting of votes and declaration of results saying they had taken the initiative of cleaning the area and motivated other students too.

Their counsel submitted that the tenure of students' union was a year and only eight months were left.

The bench, however, made it clear that unless the whole place was cleaned up, the results won't be declared.

"That expenditure can go into drains. We don't intend to stop the counting. You clean the place and the next day, counting will be allowed. These candidates have to spend money for cleaning the defaced university area. When they can afford big luxury cars for campaigning, they can surely bring a tractor and JCB for cleaning it up also," it said.

Delhi University, in its status report, submitted in response to the notice to the colleges/departments/ institutions/ centers, the current status report of defacement of public and private property was sent to the office of chief election officer, DUSU elections.

"It has been found that more than 90 per cent of the colleges/ departments/institutions/centers have made their campus free from any defacement," the report claimed.

The claim was disputed by the petitioner, MCD and DMRC, which showed videos and photos claiming the areas hadn't been cleaned.

DU further said a defacement assessment panel was suggested to assess the loss of revenue of the affected parties like MCD, DMRC and devise a formula for compensating for the losses.

It said letters had been sent to the MCD and DMRC to submit their estimated expenditure details caused by the defacement.

The counsel for the MCD said DU should be asked to pay Rs 1 crore to the civic body on account of expenses incurred by it for cleaning the defaced property.

The court directed Delhi Police, MCD and DU to file fresh status reports and posted the hearing on October 28.