The Delhi High Court Tuesday dismissed a plea by NSUI leader Sunny Chillar challenging the election of Delhi University Students' Union (DUSU) ex-president Ankiv Baisoya for allegedly furnishing a fake bachelor's degree to get admission in the institution.
Justice Yogesh Khanna said there was no delay on part of Delhi University in taking action against Baisoya and Lyngdoh committee guidelines would apply.
As per the Lyngdoh committee guidelines on elections, fresh polls can only be held if a post falls vacant within two months of the declaration of results.
In the instant case, the post fell vacant on November 14 after the expiry of the two month period from declaration of poll results on September 13 and therefore, according to the guidelines the vice president would be promoted as the president.
Delhi University had taken action against Baisoya, that is cancelling his admission, on November 14 after receiving a letter from Thiruvalluvar University confirming that his bachelor's degree was fake.
The election results were declared on September 13. Baisoya had resigned from the post on November 14 and was also suspended from the student outfit till an inquiry into allegations that he gained admission in the varsity on the basis of a fake degree.
Chillar had lost to Baisoya in the race for the post of DUSU president.
The university counsel had earlier told the court that once the two-month period has expired, the other option that DU has is to declare the DUSU vice president, also belonging to Akhil Bharatiya Vidhyarthi Parishad (ABVP), as the president.
The post of vice president was won by ABVP's Shakti Singh. In his plea, Chillar had contended that once the degree was found to be fake, the nomination itself becomes void ab-initio and therefore, the two-month period for conducting fresh elections would not apply in this case.
The high court had reserved its order after hearing arguments on behalf of DU, represented by Additional Solicitor General Pinky Anand, and Chillar, for whom senior advocate P Chidambaram appeared.
It was argued on behalf of National Students' Union of India (NSUI) leader Chillar, also represented by advocates V Elanchezhiyan and Rashid N Azam, that DU should have properly scrutinised Baisoya's certificates at the time of admission into MA Buddhist Studies course and while accepting his nomination.
He had earlier also alleged that the DU was "deliberately delaying" verification to benefit the ABVP as no fresh polls would be held for the post of DUSU president in case Baisoya's election was set aside after expiry of the the two-month period and the vice president, also from ABVP, would be promoted as president.
