Tuseed’s candidature: High court sets aside single judge order

THE PLEA SAID TUSEED REQUESTED THE ELECTION COMMISSION OF 201718 TO RECONSIDER HIS CANDIDATURE BUT HE WAS DENIED AN OPPORTUNITY TO PUT FORWARD HIS CASE

NEWDELHI: The Delhi high court on Tuesday stayed an earlier order of a single judge, which had upheld the decision of the Delhi University (DU) to cancel the candidature of National Students Union of India’s (NSUI’S) Rocky Tuseed, who was elected president of Delhi University Students’ Union.

A bench of justice Sanjiv Khanna and justice Chandra Shekhar also sought a response of the varsity and asked the university to produce the original records related to the disqualification of Tuseed.

On July 20, justice V Kameswar Rao had upheld the decision of the Delhi University to disqualify the candidature of Tuseed.

He had said Tuseed had concealed the information of a disciplinary action taken against him, including banning his entry to the college, in an affidavit submitted to the election committee of the university.

This was challenged by Tuseed through his counsel Nikhil Bhalla, who contended that his client was not given a mandatory hearing according to one of the clauses of the Lyngdoh committee, leading to violation of natural justice by the chief election officer.

The plea also said Tuseed requested the election commission of 2017-18 to reconsider his candidature, but he was denied an opportunity to put forward his case, which is again in violation of the principle of natural justice, his counsel argued.

“The appellant then went to the representatives of NSUI to represent his case before the commission. The exclusion of the appellant’s name from the list of final candidates was motivated by malicious intentions,” the plea alleged.

The matter will now be heard on August 29.