Delhi High Court - Orders
Prashant Manchanda vs Union Of India & Ors on 15 September, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7824/2017
PRASHANT MANCHANDA .....Petitioner
Through: Petitioner/applicant in person.
Mr. Angad Singh and Mr. Rohan Pratap
Singh, Advocates.
versus
UNION OF INDIA & ORS .....Respondents
Through: Mr. Syed Abdul Haseed, CGSC with
Mr. Tanveer Zaki, Advocate, Insp.
Yashpal, Delhi Traffic Police and Insp.
D.S. Oberoi, SHO-Maurice Nagar.
Mr. Mohinder JS Rupal, Mr. Hardik
Rupal, Ms. Aishwarya Malhotra and
Mr. Vibhu Sharma, Advocates for
University of Delhi.
Mr. Sanjeev Sabharwal, Standing
Counsel with Ms. Shweta Singh,
Advocate for MCD.
Mr. Rohit Yadav and Mr. Deepak
Sharma, Advocates for R-7.
Mr. Sanjay Poddar, Senior Advocate
with Mr. Aditya Kashayap, Mr. Rishi
Raj Singh, Ms. Megha Saxena, Mr.
Shubham Shukla, Mr. Aviral Kumar
Mishra, Mr. Sarthak Agarwal, Mr.
Shivam Kumar, Ms. Aayushi, Mr.
Vedansh Anand, Mr. Ankur Yadav, Mr.
Nitish Mishra and Mr. Siddhant Soti,
Advocates for R-8/ABVP.
Mr. Mananjay Mishra, Mr. Bhanu Raj
and Mr. K.K. Shukla, Advocates for
NDMC.
W.P.(C) 7824/2017 Page 1 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 15/09/2025 at 23:06:07
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 15.09.2025 CM APPL. 57208/2025 (Directions)
1. Pursuant to our order dated 10.09.2025, an Action Taken Report has been submitted by the Delhi Traffic Police, which is taken on record. On behalf of Delhi Police, an affidavit of compliance has been filed, which is also taken on record. An affidavit of the Chief Election Officer, Delhi University Students' Union Elections 2025-26 (hereafter "DUSU Elections 2025-26") has also been filed, which is also taken on record. Certain documents which are mostly photographs, have also been filed by the petitioner, who appears in person.
2. We had already expressed our concern in our earlier order about flagrant violations of Lyngdoh Committee's recommendations, the Code of Conduct of DUSU Elections, 2025-26, Guidelines for the conduct of DUSU Elections 2025-26, Guidelines/Measures for anti-defacement in and around University/College campuses for DUSU Elections issued vide Notification dated 08.08.2024. Considering the said violations, certain directions were issued to the authorities concerned, especially to the Delhi University as also to the Delhi Police.
3. In the Action Taken Report filed by the Delhi Traffic Police today, certain actions have been detailed, which include issuance of traffic challans, action against advertisement and dangerous driving etc. The said Action Taken Report further states that a total of 23 traffic police personnel have been deployed with cranes for toeing improperly parked vehicles and prosecuting other vehicles. It further states that the motorcycle patrolling in the area has also been deployed under continuous supervision by the superior officers of W.P.(C) 7824/2017 Page 2 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 23:06:07 Delhi Traffic Police.
4. Mr. Syed Abdul Haseeb, learned CGSC representing the Delhi Police, on instructions, has stated that the entire situation is being monitored by he senior police officers and also through the Control Rooms, both for maintaining law and order as also the traffic situation.
5. Certain measures which have been taken by Delhi Police have been disclosed in the affidavit filed by the Deputy Commissioner of Police, Legal Division, Police Headquarters, Delhi, according to which a meeting was held between the Vice Chancellor and the Commissioner of Police on 12.09.2025, which was attended by the Principals of various Colleges of the University and senior officers of Delhi Police. The affidavit further states that several directions have been issued to all concerned, including the concerned police officers, to extend their fullest cooperation to the University authorities and that it has further been decided that Delhi Police will intensify the patrolling and picketing and shall also deploy sufficient traffic staff to regulate smooth regular movement, particularly in the University Campus area in order to ensure smooth functioning of the elections process as per the guidelines.
6. The documents filed by the Delhi University also lists certain measures taken by the University Authorities including not only issuing show cause notices but also warning letters to individual students, who have been found indulged in violation of the guidelines and other regulating provisions.
7. The photographs filed by the petitioner clearly disclose several violations at several points of time and places as also by several students. The photographs submitted today by the petitioner depict certain instances of violation of traffic rules as also violation of various regulatory measures pertaining to dates prior to passing of the order by the Court i.e., 10.09.2025. It has been stated by Mr. Haseeb, learned CGSC representing the Delhi Police, on instructions, that the police force has been mobilised and adequate steps are W.P.(C) 7824/2017 Page 3 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 23:06:07 being taken to ensure that the regulatory measures are properly followed.
8. Mr. Mohinder Uppal, learned counsel representing the University has also submitted that various actions have already been taken and the University authorities are keeping a strict vigil over the situation and further that as and when any such violation is reported, the University authorities have ensured that strictest possible action is taken.
9. Learned counsel representing respondent nos.7 and 8, the Students' Organizations, stated that strictest instructions have been issued to the candidates in the election to follow all regulatory norms.
10. We may also notice that during the course of the elections of Students' Union last year, certain individual students/candidates were summoned by the Court and an undertaking was recorded on their behalf that they will remove the posters/hoarding/banners/graffities from North and South Campuses of Delhi University as well as from other places of Delhi. In the order of the Court dated 28.10.2024, remorse expressed by these students is also recorded. The said individuals were directed to file short affidavit alongwith the photographs showing that they had removed the posters, etc. and have taken steps for beautification of Delhi.
11. Learned counsel representing the parties, Station House Officer of Police Station Maurice Nagar as also Inspector, Delhi Traffic Police have assured the Court that the violations of different regulatory measures shall be kept in check and wherever reported, shall be dealt with in the strictest possible manner.
12. At this juncture, we may note certain provisions of the Delhi Prevention of Defacement of Property Act, 2007. Section 3 of the said Act contains penal clause, according to which whosoever is found violating the Act, can be punished with an imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both.
W.P.(C) 7824/2017 Page 4 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 23:06:07
13. "Defacement" of property has been defined to mean - impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way, whatsoever. "Property" has been defined to mean any building, hut, structure, wall, true, fence, post, pole or any other erection. Printing, painting, decoration, lettering, ornamentation, etc. produced by stencil have been defined to mean "writing".
14. Section 5 of the Act makes the offence under this Act, "cognizable". Section 7 provides that the provisions thereof shall have an overriding effect over any other law.
15. Unfortunately, it appears that it is not only that other regulatory measures introduced by the University authorities which are not being followed during the election, but also that the Act 2007 also, despite violations, is not put into service to deal with such ugly situations.
16. We however, having regard to the overall facts and circumstances of the case, while recording the assurances extended to the Court by all concerned, namely all the parties to the petition, request the students, especially the candidates and their supporters not to indulge in any kind of violation. The role in this regard of the Students' Organizations is crucial and accordingly we expect that their respective candidates shall be instructed accordingly by the office bearers of the Students' Organizations.
17. The students must pay heed to the orders of the Court as also the concerns which are not confined to the parties to these proceedings, rather the concern is of the entire population of Delhi. As observed above, we sincerely expect that there will not be any violation henceforth till the election process is over, however we may only issue a word of caution that any violation thereof shall be viewed seriously and shall be treated to be contempt of this Court.
18. List on 16.09.2025 at 2:30 p.m.
19. The Delhi Police as also the University authorities shall file their status W.P.(C) 7824/2017 Page 5 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 23:06:07 report. The measures which might be taken by the Students' organization shall also be brought on record by tomorrow.
20. Copy of order be given dasti under signatures of Court Master.
DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J SEPTEMBER 15, 2025 Aj W.P.(C) 7824/2017 Page 6 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 23:06:07