The Congress-affiliated NSUI on Friday demanded fresh DUSU elections, a day after the students' body president Ankiv Baisoya resigned amid allegations of submitting a fake degree for admission to the Delhi University.
The National Students Union of India (NSUI) put forth its demand in a memorandum submitted to DU vice-chancellor Yogesh Tyagi.
In a joint press conference with Left-backed All India Students' Association (AISA), the NSUI termed Baisoya's resignation as a "face-saving" attempt by the RSS-backed Akhil Bharatiya Vidyarthi Parishad (ABVP).
"There are only two possibilities in front of Delhi University administration now -- fresh elections are called or our candidate Sunny Chhillar, who was the runner-up for the president's post, is appointed in Baisoya's place," said NSUI national in-charge Ruchi Gupta.
The Delhi High Court is hearing a case on a plea filed by Chhillar, who has sought that Baisoya's election be set aside, after news reports said that the registrar of Thiruvalluvar University had "unambiguously and unequivocally" declared Baisoya's degree from the varsity "fake and forged".
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The court hearing is scheduled for November 20.
Gupta said they have taken legal advice on the matter.
Referring to Section 101 in The Representation of the People Act, 1951, she said if the High Court is of the opinion that the petitioner could have received the majority of votes had the returned candidate not been elected by corrupt practices, it can declare the election null and void and announce the petitioner as the elected candidate.
"Moreover, if Baisoya's papers had been duly checked by the administration, he would have been knocked out from the race when the ballot numbers were announced. The NSUI's Sunny Chhillar would have won easily. The DU administration was either incompetent or complicit and Baisoya managed to contest elections," she said.
The Lyngdoh Committee Guidelines are also applicable to the DUSU polls, she said.
"In the event of the office of any major post of office bearer falling vacant within two months of elections, re-elections should be conducted; otherwise the vice-president may be promoted to the post of president," Gupta said quoting the guidelines.
The DUSU polls were held on September 12 and the results were declared the next day.
Since the two-month period after Baisoya's election has expired, there has been talk of ABVP's Shakti Singh, who is currently the DUSU vice-president, being promoted to president's post.
"Even if one were to concede the two-month guideline for calling fresh elections, legally the two months will be counted from when his fake degree was first brought to light by the NSUI, not when the ABVP decided to remove him. Hence, the NSUI demands fresh elections," the NSUI national in-charge said.
She added that the Lyngdoh Committee Guidelines are advisory and the two-month period is also only indicative and not binding on the varsity.
"The rules governing elections are to be decided by the Chief Election Officer appointed by the vice chancellor of the university every year. One of the key purpose of Lyngdoh Guidelines was to eliminate criminalisation of student union elections. Both ABVP president and VP are cheats and thugs," she claimed.
The ABVP said Thursday that Baisoya has resigned from the post of DUSU president after it asked him to do so, and he had also been suspended from the students outfit till an inquiry into allegations that he furnished a fake degree is completed.
In a Facebook post, Baisoya said he was resigning form the post of DUSU president because he respects the mandate of Delhi University students, who voted for him.
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