Delhi High Court : Adding alphabet ‘A’ before name of
candidate in DUSU elections is improper
The Division bench of Delhi High Court comprising the Chief
Justice G Rohini and Justice RS Endlaw delivered a judgment on 20th November
2014 in the appeal LPA No. 566/2014 filed by All India Students Association against
single Judge’s order in relation to the elections to Delhi University Students
Union (DUSU) elections. The Court
observed that the practice of candidates changing their names and adding the
alphabet "A" before their names prior to DUSU polls to get themselves
listed at the top of the ballot paper "is flawed".
The Court observed : ‘we do indeed find several of the
contesting candidates to have prefixed the letters “AAA”, “AA”, “aa”, “A.A”,
“AAAA”, “aaa”, “a.a” or a name beginning with the letter “A”, to their names,
resulting in such altered / changed name being listed at the top of the ballot
paper, the names of LPA No.566/2014 Page 4 of 9 contesting candidates wherein
are listed alphabetically and which otherwise would have been listed at the
bottom of the ballot paper. The contesting candidates having indulged in such a
practice, this Court cannot turn a blind eye thereto. ……We fail to understand, as to how a student
of the university, for the purpose of contesting the election, can be allowed
any prefix before his name as entered on the rolls of the university.”
The court further observed : “We are however of the opinion
that the practice, if followed by the respondent University of allowing such
prefixes to the name for the purposes solely of election, is flawed. The name
by which a candidate is allowed to contest the election should be the name on
the rolls of the university and which name would be, as aforesaid, the same as
the name of such student in the School Leaving Certificate. The name in School
Leaving Certificate is generally the name given at birth. Though a change of
name is possible but the same entails effecting publication in the prescribed
newspapers of such change and thereafter having such change notified /
published in the Delhi Gazette. Similarly, the schools also have a procedure
for effecting change in name. …. Even if there is procedure prevalent in the
university permitting change of name, the same should be permissible after
contesting in the election and which are normally held soon after the beginning
of the academic session. We are further of the view that once the candidate has
so changed his name, even if for the purpose of election, in the ensuing year
he/she ought not be permitted to thereafter revert to the original name and
should be ready to obtain his University Leaving Certificate/Degree also with
such changed name”.
Click on Judgment for the Full Text.
