ROCKY TUSEED Vs. UNIVERSITY OF DELHI & ORS

JUDGEMENT

(1.) Cm No. 40556/2017

(2.) It is the case of the petitioner that he filed nomination for the post of President in the Delhi University Students Union (DUSU) elections on September 04, 2017. On the same day, a provisional list of 36 prospective candidates for the post of President was notified by the Chief Election Officer Sh. S.B. Babbar, the respondent No.2 herein on the basis of preliminary scrutiny. It is averred, on September 05, 2017, the respondent No.2 initiated an enquiry against the petitioner on the basis of an "e-mail received by DUSU 2017-2018 Election Commission" citing a disciplinary action against the petitioner taken by his college in the past. It is averred that the copy of the said e-mail was not supplied to him and the name of the sender of e-mail was kept secret. On September 06, 2017 information was sent by the Principal of the College in the affirmative that disciplinary action was taken against the petitioner. The e-mail of the Principal was sent by the University to Panel Lawyer and Deputy Dean (Legal) for their legal opinions.

(3.) It is alleged that the Panel Lawyer / Dy. Dean (Legal) had given a hurried affirmation. On the same day, the respondent No.2 declared the petitioner as non-eligible to contest the post of President, DUSU. It is stated the action is arbitrary and the statement of the Principal is contradictory to the character certificate issued. On the same day, the representative of the National Students Union of India, at the request of the petitioner filed a complaint through an e-mail stating arbitrary action of the Election Commission in rejecting the candidature of the petitioner.