Rocky Tuseed will no longer remain president of the Delhi University Students’ Union (DUSU), after the Delhi High Court Friday found that he had furnished false information in his affidavit to the poll panel at the time of nominations, making him ineligible.
“The issue raised in the petition goes to the root (of) whether the petitioner (Tuseed) could at all stand for election to the post of president. The answer to which is ‘No’,” said Justice V Kameswar Rao.
However, Tuseed’s counsel said they will appeal against the order before a larger bench. Tuseed was NSUI’s presidential candidate in the 2017 polls.
The court observed that “the action, which has been taken by the respondents (DU and its Chief Election Officer), is in conformity with the affidavit submitted by Tuseed that in the eventuality of violation of the Code of Conduct for the candidates contesting DUSU elections/Lyngdoh Committee Recommendations, as accepted by the Supreme Court, his candidature may be cancelled”.
As per the recommendations, the candidate shall not have a previous criminal record, which means he should not have been tried or convicted of any criminal offence or misdemeanor. “The candidate shall also not have been subject to any disciplinary action by university authorities,” noted the court.
The court noted that Tuseed did not disclose to DU authorities that an FIR was lodged against him in 2014 at Rajouri Garden police station for the alleged offences of causing hurt, attempt to murder, trespass and common intention, and that he had remained in judicial custody from August 28 to September 15, 2014. A chargesheet was also filed in the case.
Earlier, the High Court had allowed Tuseed to contest the election by setting aside the directive of DU’s Chief Election Officer. The court, however, had said the outcome of the poll “will be subject to the outcome of the petition” filed by Tuseed.
Tuseed had approached the court after the varsity’s poll panel rejected his nomination because of disciplinary action taken against him in 2014. The court had then said that DU was “stigmatising” the student, and asked how a warning could be termed disciplinary action.
On Friday, however, the court held that “the challenge to the communication dated September 6, 2017, rejecting the representation of Tuseed and treating him to be ineligible for the post of President, Delhi University Students’ Union, cannot be faulted. The writ petition is dismissed”.