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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
S.H. Aman Kapasiya – Appellant
Versus
University of Delhi – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
1. The present writ petition has been filed seeking directions to the respondent nos. 1 and 2 to cancel the candidature of Mr. Lokesh Choudhary, i.e., respondent no. 3, and to declare the petitioner as the successful candidate for the post of Joint Secretary in the Delhi University Students' Union (“DUSU”) Election 2024-2025.
2. The facts as canvassed in the petition, are as follows:
2.1 The petitioner is a student of University of Delhi admitted in the Department of Buddhist Studies. He was one of the candidates who contested for the post of Joint Secretary in the DUSU Elections 2024-2025, and secured second position in the said elections.
2.2 Respondent no. 3 was also one of the candidates who contested the elections of DUSU 2024-2025, and was elected for the post of Joint Secretary in the said elections.
2.3 On 23rd September, 2024, the petitioner received information that respondent no. 3 had failed in the second and fourth semester of his LLB Course, and that he had failed in three out of five exams in his fifth semester. As a result, the respondent no. 3 was technically barred from contesting elections in terms of Clause 4 of the University of Delhi, C
Legal principle established: Election petitions become academic if the official terms have expired, preventing practical relief despite any alleged misconduct.
Election disputes are moot if the tenure has expired and new elections are scheduled, precluding any invalidation of previous candidates' results.
Whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, poss....
An illegal preparation of an electoral roll goes to the very root of the matter and no election can be held. A voter could therefore challenge the election and merely because he took part in the elec....
Point of Law : Election petition – State Election Commission as also the contesting respondents in their respective pleadings is that since the contesting respondents have assumed offices pursuant to....
A candidate cannot be declared elected merely based on receiving the second highest votes unless they prove eligibility under relevant laws following disqualification of another candidate.
The main legal point established in the judgment is that the eligibility of the petitioner to vote in the category of Principals of the Affiliated Arts Colleges was determined based on the provisions....
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
The Supreme Court's directives on age limits for student elections must be strictly followed, and non-holding of elections does not justify further relaxation of these limits.
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