Defacement of property by candidates | Unless place is cleaned up, won’t give counting direction: HC on DUSU polls

The Delhi University (DU), in a status report dated October 19 filed by Professor Satyapal Singh – chief election officer of DUSU elections – submitted to the court that “it has been found that more than 90% of the colleges, departments, institutions, centres have made their campus free from any defacement”. However, the petitioner in the case, advocate Prashant Manchanda who appeared as party-in-person, as well as counsels of Municipal Corporation of Delhi and Delhi Metro Rail Corporation (DMRC), disputed the same.

Notably, DU’s status report noted that it has “issued a notice/advisory to the prospective/contesting candidates to advise them to remove the defacement made to public and private properties”.

In a communication from the office of the chief election officer of DUSU elections on September 30, it was stated that 26 candidates “shall have to bear the liability to compensate the loss to the civic authorities/government department and DMRC according to the Lyngdoh Committee recommendations”. Manchanda, meanwhile, submitted a note before the bench of Chief Justice Manmohan and Justice Tushar Rao Gedela, highlighting the extent of defacement.

The note stated, “Campaign materials, including posters and graffiti, were plastered across entire city roads/walls, college campus, protected green spaces, and even reached the offices of the director general of Home Guard, office of assistant commissioner of police, police stations as well as the walls in front of embassies of the Republic of Iraq and Chad.”

Going through the note as well as photographs and videos submitted by Manchanda — in which candidates are also seen obstructing national highways — CJ Manmohan orally remarked to the Delhi Police, “What is Delhi Police doing… there are all these unnumbered cars plying? Take some action.”

Addressing DU, CJ Manmohan added, “…in youth, a lot of people commit mistakes, but the major candidates (who have defaced majorly) will have to be brought here, then we will issue notice to them… candidates are obstructing a national highway, how can they do this?…”

“Problem is with DU… you cannot let down the whole society, someone will have to bear the responsibility for this… bring it to the notice of V-C, else we will pass a speaking order… we are being candid, until and unless the place is cleaned up, we will not direct for counting… if they are going to be led by people who are doing what they are doing… the major candidates should come, and they will have to spend money. If they can bring a Rolls Royce for campaigning, they can bring a tractor and JCB and clean it,” he added.