Delhi High Court Queries JNU on Student Union Election Process Amid Controversies

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On Wednesday, the Delhi High Court requested Jawaharlal Nehru University (JNU) to provide its stance on a petition challenging the procedure for conducting elections to the Jawaharlal Nehru University Students’ Union (JNUSU). Counsel representing JNU and the university’s Dean of Students informed Justice Sachin Datta that a response to the petition will be submitted by Friday, the upcoming hearing date.

Delhi High Court Queries JNU on Student Union Election Process Amid Controversies

The Delhi High Court, on a Wednesday, has called upon Jawaharlal Nehru University (JNU) to clarify its stance regarding a contentious plea challenging the university’s approach to the upcoming Jawaharlal Nehru University Students’ Union (JNUSU) elections. This request for a response comes as the university gears up for its student union elections, set to take place on March 22, with results expected by March 24, marking the first such event in four years since the last elections in 2019.

The legal challenge, initiated by Sakshi, a BA (Persian) student from the School of Language, Literature, and Culture Studies, questions the timing and procedural integrity of the election process. According to the petitioner, the elections deviate from the Lyngdoh Committee’s recommendations, which advocate for the elections to be conducted within “6-8 weeks of commencement of the academic session.” Instead, the plea argues, JNU has scheduled these pivotal elections towards the “fag end of the academic session,” raising concerns about their validity and the university’s adherence to established guidelines.

The university’s counsel and the dean of students, addressing the single-judge bench led by Justice Sachin Datta, have committed to responding to the allegations by March 15, the next scheduled hearing.

The plea specifically targets three university notifications: the initial call for student organization meetings on January 30, the February 16 directive authorizing students Aishe Ghosh and Md Danish to oversee General Body Meetings (GBMs) for the Election Committee’s formation, and the March 6 announcement listing the Election Committee members for the imminent elections.

Central to the petitioner’s concerns is the alleged partiality shown by Aishe Ghosh and Md. Danish, described as “prominent members of a specific political organisation.” The petition accuses them of bias, favoring candidates who share their political beliefs, thereby compromising the election’s fairness and integrity.

The document further criticizes the current campus atmosphere, marked by “fear and anxiety,” which it claims hinders students’ well-being and academic engagement. It calls on the court to ensure that the GBM process is conducted transparently and impartially, fostering genuine consensus among students.

Moreover, the plea condemns the timing of the JNUSU Elections 2023-24 as a “mockery of the democratic process,” suggesting that the late scheduling serves only to appease particular groups without genuinely engaging the student body. It highlights the problematic association of Election Committee members with political organizations, arguing that such affiliations undermine the elections’ impartiality and integrity.

In light of these allegations, the petitioner demands the establishment of clear university statutes or regulations for JNUSU elections that align with the Lyngdoh Committee’s guidelines. Additionally, the plea seeks a directive for a fresh GBM, adhering strictly to the terms set out in the Lyngdoh Committee Report, to ensure a fair and unbiased election process.

As the Delhi High Court reviews this plea, the JNU community and observers await a ruling that could have significant implications for the conduct of student union elections and the broader democratic ethos within one of India’s premier educational institutions. The court’s decision is anticipated to address the underlying issues of transparency, fairness, and student representation in university governance.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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