Vandalism Won't Vote: Delhi HC Disqualifies DUSU Candidates For Defacing Public Property

On Tuesday, the Delhi High Court ordered Delhi University to disqualify Delhi
University Students' Union (DUSU) election candidates who had been discovered pasting campaign-related posters and graffiti on buildings,
highways, and other public spaces. A Delhi High Court bench also ordered the university and other Government agencies to send out notices to the affected candidates demanding payment for the removal of the posters and painting of the vandalized walls.

Chief Justice Manmohan and Justice Tushar Rao Gedela, the High Court bench, gave the Delhi University an oral directive: "All these candidates whose names appear in graffiti and posters, please issue them disqualification notices right away" At the following hearing, the bench demanded that the Chief Election Officer of Delhi University physically appear in Court and provide a report on the measures taken against the students. They also chastised the
administration of Delhi University.

While the Chief Justice-led bench chastised Delhi Police, MCD, DU authorities, and Delhi Metro Rail Corporation (DMRC) for not taking action to identify the candidates whose names are on the election posters, the Court's detailed written order was not made public until the publication of this report. Under the rules pertaining to the defacement of public property, Government agencies were required to send out notices.  In order to take appropriate action against the names on the graffiti and posters, the Court further ordered the Government agencies and other relevant authorities to promptly identify the names on the posters and graffiti and notify the university administration.

"You send letters to the candidates whose names appear there requesting payment in exchange for taking down the vandalism that was done. Complete it right now." Your notices will say that you are disqualified and you will also
remove this within 24/48 hours at your own cost. If they can afford to put up
posters, they can afford to clean it also, "The Chief Justice declared during the hearing. The counsel standing for Delhi University informed the Court that circulars had been issued to all DU colleges to ensure that no one is permitted to put up posters/pamphlets outside of the allocated places. But the bench expressed dissatisfaction with the circulars' lack of effectiveness."

No one reads the rulings, and no one puts them into practice? If you don't
follow Court orders, what good are they? asked Chief Justice Manmohan a
question. Attorney Prashant Manchanda appeared in Court and requested that the people who have caused damage to DU classrooms and public property be held accountable. He also brought photo and video evidence of the graffiti that has been placed on the walls of police posts surrounding the DU campus, as well as the posters and pamphlets that have been pasted on the walls of the police station on campus.

"Where are the police in Delhi? The bench questioned, "How can the police
station walls be spray-painted and no action taken?" pointing out that the
High Court had already issued explicit directives and guidelines to prevent
similar damage to public property during preceding DUSU elections. The Delhi High Court gave public officials specific instructions in 2019 to remove all and posters from public property and to maintain a close watch on the
regions surrounding different colleges. In an additional effort to stop vandalism of university and public property, the institution had established "Walls of Democracy" in a number of locations throughout the nation's capital to permit election posters.

Manchanda, who told the Court on Tuesday that its orders were being
disregarded, had issued the same directives on a previous PIL. On Wednesday, there will be another hearing on the topic.

Author:
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal Judgments.