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A quarterly e-newsletter by and for CCS graduates
March 2010  
 
Cleaning Delhi University Student Union (DUSU) Elections through RTI

AnoopAnoop
LLB
Delhi University

 

 

It is an open secret that Delhi University Student Union Elections each year have been a grand show of money, muscle and glamour. It is political nursery of national parties to identify, invest and nurture their young political cadre so naturally DUSU happens to be the launching ground of many big names in our national politics. None can deny that elections such as student union elections imparts life to our democratic system but at the same time it leads to excessive misuse of scarce national resources. The poster war, power war and beauty contest have made the DUSU elections a national event where crores of rupees are spent and thousands of young men come for canvassing or having real time experience of so called University Student Union Elections. Given the circumstances any reasoned person may not question the existence of the Student Unions but cannot assent the way these elections are conducted. The same was the opinion of Hon’ble Supreme Court of India while pronouncing Judgment in the case:  University of Kerala Vs. Council, Principals, Colleges, Kerala, and others 2006 (8) SCC 304) and formulating guidelines popularly known as Lyngdoh Committee recommendations.

Lyngdoh committee recommendations were implemented in 2007 for Delhi University Student Union Elections, by which age limit was set at 25 years, election expenditure just Rs.5000, attendance more than 75%, printed posters were banned, processions were prohibited. In other words efforts were made to ensure that only students could contest for Student Unions. Being a Law student I was very keen to see whether a Law can reform the student politics or history shall repeat itself that it is not the Law alone but it’s proper and honest implementation that becomes an effective check against any vice. To my surprise and dismay all the norms were violated and despite our written complaints with ample evidences, University of Delhi remained a mute spectator.

Question was what to do and how? It could prove dangerous since issues related to student union are very sensitive. But I took stand and sat on a hunger strike on 30 August 2007 which culminated on 3rd day i.e. 1st September 2007 whereby University of Delhi gave a written assurance that model code of conduct will to be followed in totality, thereafter I filed Right to Information applications to get to know the truth of DUSU 2007 elections. Results were shocking, all winning candidate had submitted audited but fake statement of expenditures. The nomination of Khushboo Sharma was invalid on all posts but she was allowed to contest and she won the post of joint secretary. When I made a written complaint an unfortunate reply was given that observation of DUSU office bearers is sought for. I even lodged complaints with Supreme Court.

The 2008 DUSU elections were on the same lines. Thousands of trees are sacrificed to wage poster wars, brand-new Mercedes were used like rickshaws in canvassing. With the information about Election officer DUSU conducting videography of the DUSU canvassing as base I filed 3 RTI applications in September 2008 and it took more than 10 months to gather the relevant information only after Central Information Commissioner’s threat to impose fine on the University for not answering RTI applications. The RTIs revealed certain interesting information such as DUSU office bearer’s expenditure statements showed that the mode of transport used by them was metro and rickshaw, and they used only handmade posters, it was false and funny. The information related with the office of Chief Election Officer DUSU was even more surprising; they spent about Rs 6 lakhs to conduct DUSU elections and out of this more than Rs. 150,000 were spent on food and snacks. The university officers enjoyed the luxury of having biryani in hotel Taj. Three officials were paid thrice, in the same item of expenditure ‘Conveyance charges’.

The most interesting RTI was for getting original contents of videography done by University of Delhi of the election process. First reply said that the information in terms of video footage were with an inquiry committee hence information could be supplied only after the committee’s report. After I filled the first appeal, a big drama took place and I was informed that office of Chief Election Officer was vandalized by some goons and a FIR was lodged. With the FIR copy I was told that since office has been vandalized and all records are in shambles, the CDs too have been destroyed so information cannot be supplied.

I filed appeal with Central Information Commission and the same defence was taken before Central Information Commissioner Shri Shailesh Gandhi, but I highlighted the fact that relevant records were with the Inquiry Committee so information may be supplied from there. My appeal was heard and I could procure the exclusive CDs on 1st August 2009, after more than 10 months of fighting. The CDs proved the rampant violation of Lyngdoh Committee recommendations and it was shocking to see that University sat on heap of evidences for almost a year saving the violators. Such an act on the part of University was not only illegal but also contempt of Hon’ble Supreme Court of India.

In 2009 DUSU elections I tried to ensure that history should not repeat itself, so I tried to put pressure via media. I gave all records to News Channel IBN-7 and it clicked. Once channel tried to take interviews of Vice-Chancellor and Chief Election Officer as to why they did not take any action against Lyngdoh Committee rule violators despite having ample evidences, they did not say anything but scrapped the candidature of some of the 2009 DUSU election candidates for Lyngdoh Committee violations.

On 1st September 2009, based on the information provided by me a panel discussion was conducted on DUSU elections on IBN-7. Operation clean DUSU ended successfully.