Election disputes are moot if the tenure has expired and new elections are scheduled, precluding any invalidation of previous candidates' results.

JUDGMENT :

MINI PUSHKARNA, J.

1. The present writ petition has been filed seeking a direction to the respondent no. 3, Kirori Mal College, University of Delhi, to cancel the candidature of three candidates from their respective posts in the Kirori Mal College Students’ Union, and to declare the petitioner as the successful candidate for the post of the President in the Kirori Mal College Students’ Union Election 2024-2025.

2. The facts as encapsulated in the petition, are as follows:

2.1 The petitioner is a student at Kirori Mal College, pursuing B.A. Sanskrit (Honours). The petitioner contested the Kirori Mal College Students’ Union Election of 2024-2025, for the post of the President, which was held on 27^th September, 2024, and the counting of votes was held on 24^th November, 2024. The final results of the said election were declared on 24^th November, 2024.

2.2 The entire dispute in the present petition is regarding the violation of the Code of Conduct issued by the University of Delhi, by respondent nos. 4, 5 and 6, despite submitting affidavits stating that they will not violate the same. However, in the aforesaid elections, violation of the said Code of Conduct and the Guidelines issued by this Court, vide order dated 29^th May, 2018, in W.P.(C) 7824/2017, titled as “Prashant Manchanda Versus Union of India & Ors.” and other connected matter, were reported, due to which, the Division Bench of this Court stayed the counting of votes for the Students’ Union Elections. Vide its judgment dated 11^th November, 2024, the Division Bench of this Court issued various guidelines, and the University and the Colleges were directed to ensure strict compliance of those Guidelines.

2.3 All the candidates for the Kirori Mal College Students’ Union Election of 2024-2025, including, respondent nos. 4 to 6, furnished an affidavit at the time of filing their nomination papers that they would follow the Lyngdoh Committee Recommendations, Code of Conduct and no defacement of public property will be done by them or their supporters, after the declaration of results.

2.4 There was a violation of all the terms and conditions by respondent nos. 4 to 6, and a complaint regarding the same was raised by the petitioner on 26^th November, 2024, but no action has been taken till now. Thus, the present writ petition has been filed.

3. On behalf of the petitioner, it is submitted that there is clear evidence that respondent nos. 4 to 6, conducted road shows and rallies after the declaration of results of the said elections. The entire incident is in the knowledge of the University and the College Administration. However, a selective approach has been taken by disqualifying a few violators from their posts, while saving other violators, i.e., respondent nos. 4 to 6, which is against the established principles of law. It is submitted that respondent nos. 4 to 6 were equally liable for violation by taking part in road shows after the declaration of the results.

4. Thus, learned counsel for the petitioner prays for cancellation of the candidature of respondent nos. 4 to 6 from their respective posts in the Kirori Mal College Students’ Union, and to declare the petitioner as the successful candidate for the post of the President for the Kirori Mal College Students’ Union Election of 2024-2025.

5. It is further submitted that the election of two candidates for Central Councillors were declared as null and void. Re-election for the same was to be conducted, however, no such re-electi