The High Court on Monday pulled up the Delhi University and Delhi Police over potential poll code violations while hearing a petition pertaining to vandalism in the run-up to the student election. The division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a petition filed by Advocate Prashant Manchanda.
While highlighting the photos put forth by the petitioner, allegedly showing the use of tractors, bouncers, and earthmovers by candidates during campaigning for the Delhi University Students Union (DUSU) election, the court observed that the pictures “clearly disclose several violations at several points of time and places as also by several students.”
In defence, the Delhi Police and DU contended that the photos were not taken recently and did not violate the court’s orders on September 10 directing authorities to take action against poll code violations.
Manchanda, in his petition, claimed that candidates were canvassing accompanied by as many as 200 bouncers.
In response, Justice Gedela, addressing the authorities, remarked, “Something has to be done for this display of muscle power, money power, in student politics… Last year also we observed, we are repeating it.”
Questioning the authorities, CJ Upadhyaya orally remarked, “Can you shirk away from your responsibilities? Do you need a court’s order? Does the police need a court order? Are you in a position to say these photos are false?.. What were you doing from September 8?”
The HC also requested poll candidates, their supporters, and students not to indulge in any kind of poll code violations. The court also warned that the student unions will be questioned and violations shall be treated as being in contempt of court.
Rapping the authorities, the division bench noted in its order that “unfortunately it appears that not only the regulatory measures are not being followed but also the 1984 Act (Prevention of Damage to Public Property Act) is not being put into service to deal with such ugly situations.”
When the court inquired orally about the number of challans issued so far against erring persons under the Delhi Prevention of Defacement of Property Act, the police admitted that no challan has been issued under the Act as it has not found any wall defacement yet.
The court has now kept the matter for further hearing on Tuesday. The HC has sought status reports from Delhi Police and DU authorities, as well as measures taken by student unions to ensure compliance with the stipulated poll conduct.
ACTION TAKEN SO FAR FOR DUSU POLL VIOLATIONS:
-Showcause notices issued to 13 candidates, of which 6 withdrew their candidature; DU has received replies of 5 notices
-13 candidates issued warning letters for violation of Lyngdoh guidelines/notifications/circulars/judgments etc
– DU has appointed 67 observers to keep a watch on campaigning by candidates and their supporters
– 695 traffic challans have been issued; 100+ challans for advertisement violations only, according to Delhi police
– 12 vehicles impounded, 6 others impounded in police station as ‘unclaimed’, according to Delhi police
– 23 traffic police personnel have been deployed at T-junctions, cranes for towing improperly parked vehicles, according to Delhi police
– 10 pickets and 10 motorcycles deployed for patrolling, more than 60 CCTVs across DU campus for monitoring