Siya v. Election Committee Dayal Singh College

1. The present writ petition has been filed by the petitioners, who are bona fide students of Dayal Singh College, University of Delhi, challenging the rejection of their nomination forms for the Student Body Election of the College scheduled on 18th September, 2025.

2. Learned counsel appearing for the petitioners submits that the petitioners are academically qualified and fully eligible to contest the elections and had duly submitted their nomination forms, pursuant to the election schedule issued by the respondents. It is submitted that the name of the petitioner no. 2 was even reflected in the provisional list of candidates. However, in the final list, which was issued on 13th September, 2025, the names of the petitioners were omitted without assigning any reason.

3. It is submitted that upon an enquiry on Monday, i.e., 15th September, 2025, the petitioners were informed that their candidature had been rejected due to a clerical mistake in the surety bonds accompanying their nomination forms, wherein, the names of their mothers were mentioned, instead of their names. Thus, the present writ petition has been filed.

4. Learned counsel appearing for the petitioners submits that the petitioners are ready and willing to submit corrected surety bonds, forthwith. Learned counsel appearing for the petitioners has filed a copy of the corrected surety bonds, along with the present writ petition. He has further handed over originals of the same to this Court.

5. Issue notice. Notice is accepted by learned counsels appearing for the respondents.

6. Learned counsel appearing for respondent no. 1 submits that the surety bonds had to be filled correctly. Since the names of the mothers, instead of the names of the petitioners, were reflected in the surety bonds, their candidature has been rejected.

7. Learned counsel appearing for the respondent no. 2, i.e., University of Delhi submits that the elections are scheduled to be held tomorrow and in case this Court allows the petitioners to contest the same, the arrangements would have to be made by the College to enter their names in the Electronic Voting Machines (“EVMs”).

8. Having heard learned counsels for the parties, this Court notes the submissions made in the present writ petition, particularly in Para 19, which reads as under: “xxx xxx xxx xxx xxx xxx”

9. This Court records the statement made by learned counsel appearing for respondent no. 1 that the aforesaid mistake with regard to entering the names of their mothers in the surety bonds, is the only mistake, on account of which, the nominations of the petitioners have been rejected.

10. Both the petitioners are present before this Court and submit that the present writ petition has been filed on their behalf. The corrected surety bonds of the petitioners have been duly handed over to the learned counsel appearing for respondent no. 1.

11. This Court notes the fact that there is no anomaly in the nomination form filled by the petitioners. The only discrepancy pointed out to this Court is in the surety bond, which accompanied the nomination form. Recognizing the fact that nomination papers are to be filled properly and with correct information, this Court notes that the surety bond was to be submitted separately along with the nomination form.

12. Considering the fact that the petitioners, on account of some confusion had made a minor mistake in the surety bonds by entering the names of their mothers, instead of their own names, this Court has cautioned the petitioners to be careful in future and to fill the forms properly.

13. Considering the facts and circumstances of the present case, and considering the fact that the corrected surety bonds have now been duly produced, which have been handed over to learned counsel appearing for respondent no. 1, it is directed that the Election Committee of Dayal Singh College shall duly scrutinize the corrected surety bonds submitted by the petitioner nos. 1 and 2.

14. In case, the surety bonds, as submitted by petitioner nos. 1 and 2, are found to be correct and in order, then the nomination papers of the petitioner nos. 1 and 2 shall be duly accepted by the Election Committee of the Dayal Singh College and the petitioner nos. 1 and 2 shall be allowed to contest the elections for the posts of President and Vice-President, respectively, which are due to be held tomorrow, i.e., 18th

15. In case, respondent no. 1 is satisfied with the corrected surety bonds and if the same are in order, and the nominations of the petitioners are accepted by the College, a revised list of the nominated candidates shall be duly issued by the respondent-College, including, the names of the petitioners as nominated candidates for the posts of President and Vice- President, respectively.