The Delhi University (DU) Tuesday ruled out fresh elections for DUSU presidency in the wake of Ankiv Baisoya resigning from the post over furnishing a fake degree, saying the period had already expired. The DU told Delhi High Court Justice Yogesh Khanna that according to the Lyngdoh Committee guidelines, fresh elections can only be held if a post falls vacant within two months of the declaration of results.
Senior advocate P Chidambaram, appearing for NSUI leader Sunny Chillar who has challenged Mr Baisoya's election, said once the degree is found to be fake, the nomination itself becomes void ab-initio and therefore, the two-month period for conducting fresh elections won't apply in this case.
Additional Solicitor General (ASG) Pinky Anand, appearing for DU, told the court that the office of Delhi University Students Union (DUSU) president fell vacant on November 14, and the two-month period expired on November 13 as the poll results were declared on September 13.
She said that once the two-month has expired, elections cannot be held and "it is open to DU to declare the DUSU vice president as the president".
Mr Chidambaram said the DU should have properly scrutinised Mr Baisoya's certificates at the time of admission and while accepting his nomination.
"They should have carried out the verification sooner," he said and added that the issue of fake degree was brought to the varsity's notice much earlier.
"Even if I don't attribute motive, I will attribute lethargy and tardiness," Mr Chidambaram said referring to how the DU "dragged" the verification process.
"He (Baisoya) should never have been nominated. Fresh elections should be held," the senior lawyer said.
During the hearing, the ASG said that action was taken against Mr Baisoya on November 14 after receiving a letter from the Thiruvalluvar University confirming that his bachelor's degree was fake.
After hearing both the sides, the court reserved its order.
National Students Union of India (NSUI) leader Sunny Chillar had lost to Baisoya in the race for the post of DUSU president.
In his plea, Mr Chillar had also sought a time-bound inquiry into the allegation that Mr Baisoya gained admission in MA Buddhist Studies in DU on the basis of a fake degree.
Mr Chillar, also represented by advocates V Elanchezhiyan and Rashid N Azam, had earlier alleged that the DU was "deliberately delaying" verification to benefit the ABVP as no fresh polls would be held for the post of DUSU president in case Mr Baisoya's election was set aside over the fake degree issue after expiry of the two-month period.
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