DUSU polls: Delhi High Court asks authorities why no action against candidates for defacing public property

New Delhi: The Delhi High Court on Tuesday took the Delhi University and other authorities here to task for not taking action against those defacing public property during the ongoing students' union elections.

The High Court orally asked the Delhi University to issue disqualification notices to the candidates involved in defacement of public property and also recover the damages caused.

"You issue them disqualification notice today itself and also ask for recovery of money for defacement of properties. Delhi Metro and MCD should give the names of those involved to the Delhi University. Give the names of those who are defacing public property," a bench of Chief Justice Designate Manmohan and Justice Tushar Rao Gedela said.

The court also directed the Chief Election Officer of DU to be present in the court on Wednesday when it would conduct further hearing on a plea seeking action against the prospective candidates of DUSU elections and student political outfits involved in damaging, defacing, soiling or destroying the beauty of public walls.

Petitioner Prashant Manchanda, a practising advocate, also sought action against those involved in damaging classrooms, thus denying the citizens of a clean and beautiful environment and surroundings free from defacement as well as depriving the students of their right to education.

He also sought direction to the erring candidates and their parties to remove the defacement and refurbish the areas and further take efforts for beautification of the destroyed portions.

During the hearing, Manchanda submitted that the Delhi University Students’ Union (DUSU) elections are scheduled to be held on September 27 and the erring aspiring candidates have defaced and continue to deface public property in an escalating manner.

He said if it is not restricted at the earliest, it will lead to an irreparable harm to the entire national capital and the damage has been done everywhere including buses, Delhi Metro station walls, public walls, bus stands, police stations, roads and private property.

The bench, which perused the photographs placed by the petitioner, asked the DU, Municipal Corporation of Delhi (MCD), Delhi Police and Delhi Metro as to why they have not initiated any action against those responsible for damaging public property.

"Delhi Police has to enforce the law and not us. If you don't want to enforce the law, what can we do. If the university does not want to do anything, what can we do about this," the bench said and added, "How can they put posters and graffiti on the walls of police stations? What were police officials doing when this was being done? This is shocking." It said the MCD was still in slumber and as the civic body was doing nothing despite big hoardings coming up everywhere.

"The problem is that no department speaks to the other. There is no coordination between government departments. At times, one wonders if these authorities exist or not," it said.

It asked the university to issue notices to those candidates involved in defacing public property and also to remove the posters within 24 hours.

The petitioner also sought directions to the authorities to ensure compliance to guidelines for the prevention of defacement of property during the DUSU elections 2024-25.

The court had in 2019 disposed of a PIL by lawyer Prashant Manchanda seeking a complete ban on the defacement of public property by DUSU poll candidates.

The court had directed the public authorities to keep a strict vigil on the areas around the colleges and any banner which comes up on the public land illegally should be removed and action must be taken in accordance with law.

The petitioner claimed that the court's directions were not being complied with and in utter disregard to all the restrictions imposed, the erring candidates have fearlessly continued to paste their posters/ banners/ spray paints and hoardings beyond the wall of democracy.