The Delhi High Court on Wednesday directed candidates from the Delhi University Students' Union (DUSU) and college elections to clean any campus structures defaced during the polls as a condition for the vote count to proceed.
The court had earlier, on September 26, halted the counting of votes and the declaration of results for DUSU and college elections. It clarified that the intention behind the order was not to disrupt the election process but to send a clear message that such violations would not be tolerated.
"Why don't you clean up the mess? The day the place is cleaned up, we will allow the counting of votes the very next day," a bench of Chief Justice Manmohan and Justice Tushar Rao Gedela said.
"Every day in the city, some crisis or the other is happening. There is dengue, malaria. It's all because we are littering the place. And this (election) is a festival of democracy, it is not supposed to be a festival of money laundering," the court further said.
The court was hearing an application filed by two candidates who contested college elections in separate Delhi University (DU) colleges, seeking the declaration of results.
Counsel for the candidates submitted that they would ensure the premises of Law Centre II and Ramjas College, where they are studying, are cleaned and re-painted in coordination with the university.
The application was filed as part of an ongoing petition seeking action against Delhi University Students' Union (DUSU) candidates and student organizations involved in damaging, defacing, or destroying public property.
Petitioner Prashant Manchanda, a practicing advocate, urged the court to direct the erring candidates and their parties to remove the defacement, refurbish the affected areas, and take steps to beautify the damaged portions.
The court granted time to the candidates, the petitioner, the Municipal Corporation of Delhi (MCD), and the Delhi Metro Rail Corporation (DMRC) to submit their status reports and listed the matter for further hearing on October 21.
On September 26, the court had halted the counting of votes for DUSU and college elections until all defacement, including posters, hoardings, and graffiti, was removed and restoration efforts were completed. It clarified that while the election process could continue, the vote count would not proceed until the court was satisfied that the defacement had been addressed.
Polling took place on September 27, with the vote counting originally scheduled for September 28.
During the hearing, the court directed the two candidates, who were present, to remove all posters and stickers and clean the premises. The court also asked them to encourage other students to assist in the clean-up and repaint the damaged areas.
"What are you people doing? What are you becoming? If you are a bona fide candidate, clean it up. You are the leader, people will follow you. We don't want to withhold the results. You have spent so much money on this election, you can afford to get that place repainted," the bench said.
The court also instructed the candidates to present photographs of the restored areas at the next hearing.
When the defending counsel claimed that the students were not involved in the defacement activities, the court challenged them to persuade the "wealthy candidates, who were campaigning in luxurious cars," to contribute funds for repainting the damaged portions. The bench remarked, "People are spending so much money. How are the posters and stickers being thrown around? I have not even seen this during a general election. This is what is happening in a student election."
"You as candidates must correct the system. You are the leader. You will tell the other followers of yours that please don't do this, please clean up the university. The university is going to be saddled with a huge bill. Who will pay this bill?" it added.
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