Vijeta v. Union of India and Ors

TEJAS KARIA, J SEPTEMBER 16, 2026 'gsr'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16.09.2026 # CNR No. DLHC010438662026 + W.P.(C) 13504/2026 & CM APPL. 63013/2026 VIJETA .....Petitioner Through: Mr. Barun Kumar Sinha, Mrs. Pratibha Sinha, Mr. Snehh Vardhan & Mr. Vaibhav Singh, Advs. Versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Chetan Sharma, ASG with Mr. Jivesh Tiwari, Mr. Amit Gupta, Mr. R.V. Prabhat, Mr. Shubham Sharma & Mr. Naman, Advs. for UoI. Mr. Sameer Vashisht, Adv. for R-2. Mr. Mohinder J.S. Rupal, Adv. for R- 3&4. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ (Oral) 1. Heard learned Counsel for the Petitioner, Mr. Chetan Sharma, learned Additional Solicitor General ("ASG") representing the Respondent No. 1 - Union of India ("UoI"), Mr. Sameer Vashisht, learned Standing Counsel (Civil) for Respondent No. 2 - Government of NCT of Delhi ("GNCTD") and Mr. Mohinder J.S. Rupal, learned Counsel for Respondent Nos. 3 & 4 - University of Delhi ("UoD") and Chief Election Officer ("CEO"). 2. This Petition filed as a Public Interest Litigation ("PIL") challenges the Notice dated 11.09.2026 issued by the CEO whereby list of candidates after scrutiny and withdrawal of the Nomination Papers, who have been found eligible for contesting for various posts of Delhi University Students' Union ("DUSU") 2026-27, has been published. Challenge has also been made to the Notification dated 13.08.2026 issued by the Registrar of Delhi University whereby the schedule for election of office bearers of DUSU and members of Central Council: 2026-27 has been declared. 3. So far as challenge to the election Notification dated 13.08.2026 is concerned, it has been argued by learned Counsel for the Petitioner that the said Notification contains certain Notes including Note (d) which states that certain documents such as Code of Conduct, Constitution of DUSU, etc. may be seen on Delhi University website. His submission is that since the documents mentioned in Note (d) of the Notification dated 13.08.2026 contain details of Rules and Regulations regulating the conduct of election and also the conduct of candidates during campaign for the election, etc., such documents ought to have been published along with the Notification dated 13.08.2026. Learned Counsel for the Petitioner submitted that the absence of publication of documents as mentioned in Note (d) of the Notification dated 13.08.2026 deprives the students participating in the elections to apprise themselves of the exact provisions regulating the elections and accordingly the Notification dated 13.08.2026 itself is bad in law. 4. When we consider the aforesaid arguments made by learned Counsel for the Petitioner, we find that the same are bereft of any credence. Note (d) of the Notification dated 13.08.2026 is extracted hereinbelow: "(d) The Code of Conduct, Constitution of DUSU, decision of Hon'ble Supreme Court of India regarding Students' Union Election "University of Kerala v. Council, Principals, Colleges, Kerala and Others" (Lyngdoh Committee Recommendation), Hon'ble Delhi High Court order dated 29.05.2018 and dated 11.11.2024 in W.P (C) No.7824/2017 titled Prashant Manchanda v. Union of India & Ors (Defacement Case), The Delhi Prevention of Defacement of Property Act, 2007 and NGT order may be seen on DU Website." 5. In the afore-quoted Note (d) of the Notification dated 13.08.2026, the Registrar, UoD has only stated that Code of Conduct, Constitution of DUSU, decision of Hon'ble Supreme Court and certain orders passed by this Court, Delhi Prevention of Defacement of Property Act, 2007 ("Defacement Act") and certain orders passed by National Green Tribunal may be seen on its UoD website. It is not the case set up by the Petitioner that such documents are not accessible to students and for that matter anyone else, on the UoD website. The said documents are already available in public domain and moreover they are available on UoD website and therefore