High Court asks 3 DU minority colleges’ reply against disassociation from DUSU polls

The court, in an interim relief, allowed the petitioners and other students of these colleges to file their nomination forms and participate in the election process

The Delhi High Court on Friday (September 20, 2024) sought the response of the Delhi University (DU) and three minority colleges under it on a plea moved by some students challenging the minority institutions’ decision to disassociate themselves from the students’ union elections.

The court, in an interim relief, allowed the petitioners and other students of these colleges to file their nomination forms and participate in the election process.

The court issued notices to the DU, Delhi University Students’ Union (DUSU), Sri Guru Nanak Dev Khalsa College, Sri Guru Teg Bahadur Khalsa College and Sri Guru Govind Singh College of Commerce, asking them to respond to the petition. It listed the matter for further hearing on September 23.

“Let the elections take place on campuses and not in courts,” the court said in a lighter vein.

The court was informed that the last date for filing nominations for the polls was Thursday, Friday was the last day for withdrawing candidature and the voting is scheduled for September 27.

The two petitioners have challenged the decision of the three minority colleges to stay away from the DUSU polls 2024, depriving students of their democratic rights.

The counsel for the students submitted that the decision was inconsistent with the university’s official notification and contrary to the Lyngdoh Committee’s recommendations mandated by the Supreme Court for fair student elections.

Despite being listed as participating institutions, the three colleges unilaterally opted out of the DUSU polls after the notification was issued by the university, without any consultation or justification, violating the principles of natural justice and democratic representation, the plea has said.

The petitioners have sought the court’s direction to quash the colleges’ decision to stay away from the election and direct them to participate in it.

During the hearing, the DU and DUSU’s counsel supported the petition and opposed the stand taken by the colleges.

DU’s counsel submitted that this disassociation of the colleges with the DUSU polls has already been rejected by the university as they have not followed the proper procedure for opting out of the election.

The counsel further contended that the colleges have been taking money from every student all these years in the name of DUSU subscription fees and there is a process in which all the students have to vote. Only if half of them say that they want to withdraw from the DUSU can a college stay away from the student body’s election.

The court orally asked the university as to why is it not taking any action against the colleges and whether it can de-affiliate them.

“We will hear you (colleges) and, in the meantime, you must allow the election process to go on. As a special case, you allow the elections this year,” the court orally said, after which the counsel for the colleges sought time to get instructions on this aspect.

Published - September 21, 2024 07:25 am IST