Delhi HC seeks JNU's stand on plea for re-election of students' union general secretary

New Delhi: The Delhi High Court sought the Jawaharlal Nehru University's stand on Friday on a plea seeking re-election to the post of JNUSU general secretary.

Justice Sachin Datta issued a notice to the university as well as its Election Committee, the Grievance Redressal Cell (GRC) and elected general secretary Priyanshi Arya on the plea moved by Swati Singh, a candidate of the United Left Alliance whose nomination for the post was cancelled by the authorities hours before this year's elections held on March 22.

The petitioner has said in her plea that in spite of the publication of her name in the list of valid candidates for the post of general secretary, her right to contest the poll was taken away arbitrarily, defeating the logic of free-and-fair elections.

"On March 21, 2024, at 10:00 pm, GRC issued an order cancelling the nomination of the petitioner based on the complaint filed by Mr Vikas Patel (ABVP secretary). The EC (Election Committee) subsequently passed an order cancelling the candidature of the petitioner on the day of polling, that is March 22, 2024, at 2:00 am, just six hours before the polling," the petition has said.

"The GRC acting nearly 11 hours before the casting of votes and after the name of the candidate entered in the ballot paper is a mala fide act and affects the right of the petitioner to contest a free and fair JNUSU election. Further, the right of the voters is affected by creating confusion as the petitioner's name was present in the ballot paper," it has added.

The petition has alleged that the constitution of the GRC was in violation of laws and the body also acted in violation of the Lyngdoh Committee recommendations.

In 2005, the Supreme Court directed the constitution of a committee headed by former chief election commissioner J M Lyngdoh, with the intent to ensure fairness and transparency in holding elections to the students' unions in various universities across the country. The committee had made several recommendations in this regard.

The plea has said the GRC ought not have entertained the complaint against the petitioner for 'proctorial fines' during the process of election and by allowing such last-minute cancellation, the integrity of the electoral system was compromised.

Seeking directions to set aside the decisions of the GRC and Election Committee, the petition prayed, "Issue a writ in the nature of mandamus, directing the respondent university to issue a notification for re-nomination and re-election to the post of general secretary, JNUSU elections 2023-2024.

The matter would be heard next on May 29.