DUSU polls: Student wing membership not a bar to contest, says HC

The Delhi High Court held that a student can't be barred from contesting DUSU elections just for being part of a political party's student wing. The court distinguished between student organisations and political parties, clarifying the Lyngdoh Committee rules.

DUSU poll campaign underway (File Photo/ANI)

The Delhi High Court on Wednesday held that a student cannot be disqualified from contesting the Delhi University Students’ Union (DUSU) elections merely because the student is a member of a political party’s student wing.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia was hearing a plea challenging the September 11 notification issued by the Chief Election Officer, which listed candidates eligible to contest various DUSU posts. The petitioner had alleged that several candidates were associated with student organisations linked to political parties and that their participation was against the Lyngdoh Committee recommendations.

Interpreting DUSU Constitution and Lyngdoh Rules

The court examined Clause 6.3 of the DUSU Constitution, which provides that student elections and student representatives should be disassociated from political parties. The bench said that Clauses 6.3 and 6.3.1, read together, require the entire student election process and student representation to remain completely disassociated from political parties.

At the same time, the court clarified that student organisations which declare their support for or association with candidates cannot, merely on that basis, be treated as political parties.

The bench also noted that the Lyngdoh Committee report and the documents accompanying the election notification do not define the term “political party”. It referred to the Representation of the People Act, which defines a political party in the context of registration with the Election Commission.

Court Reviews Petitioner's Evidence

During the hearing, the petitioner referred to press releases and posters issued by various student organisations announcing their candidates and panels. Material relating to NSUI, ABVP, SFI and AISA was brought to the court’s notice. The petitioner also pointed to a poster carrying the name and symbol of a political party and argued that such material showed political involvement in the student elections.

The court, however, drew a distinction between a student organisation and a political party, observing that the participation of political parties in the election process is what is prohibited.

Upholding Election Eligibility Rules

The bench further held that only a bona fide student of the concerned college or university can participate in the election process in any capacity.

The court also noted that the Government of India had circulated the Lyngdoh Committee recommendations applicable to student elections through its November 28, 2006 circular.

The bench heard the submissions of counsel appearing for the parties and passed directions concerning compliance with the rules governing the DUSU election process. (ANI)

(Except for the headline, this story has not been edited by Asianetnews Editorial staff and is published from a syndicated feed.)