The Delhi High Court today refused to stay the Delhi University's Students' Union (DUSU) election on a plea of a students body that the allotment of ballot numbers in alphabetical orders results in "unfair advantage" to few.
The court, however, agreed to hear the plea of All India Students Union (AISA), that the ballot numbers to candidates be given by a draw of lots.
"We are not throwing it (the petition) out but we cannot stop the elections. Let the elections happen," a bench of justices Badar Durrez Ahmed and Siddharth Mridul said.
The court will hear the plea on November 10.
The students body has moved the larger bench against the single bench order, which had said that "prior to declaration of result, there should normally be no stay of the election process".
The election is scheduled for September 12. Candidates are required to file their nominations by September 3.
The single judge had also said that "though there is no absolute bar in entertaining a writ petition in electoral matters, yet once an election process has commenced, it must normally be concluded in accordance with its schedule and any challenge to the election must await the conclusion of the election".
"The courts normally pass the orders only to assist the completion of the elections and not to interdict the same," it added.
The court was hearing a petition filed against the Chief Election Officer of DU in which AISA alleged that candidates, whose names appeared on the top of the list under the current system of allotment of ballot in alphabetical order, were getting "unfair advantage" in the elections.
"Article 14 of the Indian Constitution states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth," the petition said.
