DU, colleges neglected Lyngdoh panel guidelines: HC on defacement during DUSU polls

New Delhi: The Delhi High Court has said officials of Delhi University and its colleges have failed to appreciate the true import of the Lyngdoh Committee guidelines which prohibit defacement of public property and use of printed posters during the students union elections.

The court said the officials of Delhi University and colleges have neglected the enforcement of the Lyngdoh Committee guidelines.

A bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela made the observations in its September 26 order, uploaded on Friday, in which the court halted the counting of votes of the Delhi University Students Union (DUSU) elections till all the defacement material, including posters, hoarding and graffiti are removed and public property is restored.

Voting for the DUSU elections is underway amid high security here on Friday at the north and south campuses of the university. Earlier, the counting of votes was to be held on Saturday.

"It also seems to this court that the senior management of Delhi University and colleges of Delhi University have been remiss in appreciating the true import and significance of Lyngdoh Committee guidelines accepted by this court. Further, the officials of Delhi University and colleges have neglected to enforce the Lyngdoh Committee guidelines and perform their duties," the bench said.

After perusing the videos and photographs placed on record, the court said it was of the prima facie view that there has been extensive use of money and muscle power in DUSU and college elections which is contrary to the Lyngdoh Committee guidelines.

"This court is of the opinion that elections, which are supposed to be a festival of democracy, have been converted into a festival of money laundering and defacement of public property. In some respects, it reflects the failure of the education system," the bench said.

The court also directed the Delhi University to pay the expenses incurred by the civic authorities, including the Municipal Corporation of Delhi (MCD), government departments and Delhi Metro, in removing the defacement and added that the varsity will have the right to recover the amount from the candidates thereafter in accordance with the Lyngdoh Committee guidelines.

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

Petitioner Prashant Manchanda, a practising advocate, said the erring candidates and their parties be directed to remove the defacement and refurbish the areas and further take efforts for beautification of the destroyed portions.

He also placed photographs before the bench to show that the candidates and their supporters have allegedly destroyed public property across all quarters of Delhi and were using luxurious cars causing traffic problems and unwarranted discomfort to commuters.

The court also heard another plea by a group of students studying at DU and some lawyers. Advocate Govind Jee, representing petitioner and lawyer Akhilesh Kumar Mishra and others, highlighted the alleged nuisance, disruptions and other activities like defacement of public property under the guise of DUSU elections.

According to the Lyngdoh Committee guidelines relating to students union elections and accepted by the Supreme Court and the high court, the maximum permitted expenditure per candidate shall be Rs 5,000 and the election of the candidate will be nullified in case of any excessive expenditure.

With the view to prevent the inflow of funds from political parties into the student election process, the candidates are specially barred from utilising funds from any other sources other than voluntary contributions from the students body, it said.

"All candidates shall be prohibited from indulging or abetting all activities which are considered to be 'corrupt practices' and offences, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing or the use of propaganda within 100 metres of the polling stations, holding public meetings during the period of 24 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station," it said.

The guidelines also said no candidate shall be permitted to use printed posters, printed pamphlets or any other printed material for canvassing and they may only utilise hand-made posters.

"No candidate shall, nor shall his/ her supporters, deface or cause any destruction to any property of the university/ college campus, for any purpose whatsoever, without the prior written permission of the college/ university authorities.

"All candidates shall be held jointly and severally liable for any destruction/ defacing of any university/ college property," it said.

The guidelines stated that any contravention of these recommendations may make the candidate liable to be stripped of his candidature or his elected post and the authorities may also take appropriate disciplinary action against such a violator.