The high court on Friday sought the response of the Delhi University (DU) and three minority colleges under it on a plea moved by some students challenging the minority institutions' decision to disassociate themselves from the students' union elections.

As an interim relief, the court allowed the petitioners and other students of these colleges to file their nomination forms and participate in the election process.

Justice Purushaindra Kumar Kaurav issued notices to the DU, Delhi University Students' Union (DUSU), Sri Guru Nanak Dev Khalsa College, Sri Guru Teg Bahadur Khalsa College and Sri Guru Govind Singh College of Commerce, asking them to respond to the petition.

The judge said the authorities and colleges need to be given sufficient opportunity to file their replies.

The court listed the matter for further hearing on September 23 as the counsel for the colleges sought time to seek instructions.

"The matter requires to be considered after pleadings are complete. In the meantime, without prejudice to the rights and contentions raised by the parties, the court directs all the respondents to allow the petitioners and other students who are interested to participate in the DUSU elections to submit their nomination forms and participate in the election process. However, it will remain subject to further orders passed by this court," the judge said.

"Let the elections take place on campuses and not in courts," he said in a lighter vein.

The court was informed that the last date for filing nominations for the polls was Thursday, Friday was the last day for withdrawing candidature and the voting is scheduled for September 27.

The two petitioners have challenged the decision of the three minority colleges to stay away from the DUSU polls 2024, depriving students of their democratic rights.

Representing the students, advocate Shashank Shekhar Jha submitted that the decision was inconsistent with the university's official notification and contrary to the Lyngdoh Committee's recommendations mandated by the Supreme Court for fair student elections.

Despite being listed as participating institutions, the three colleges unilaterally opted out of the DUSU polls after the notification was issued by the university, without any consultation or justification, violating the principles of natural justice and democratic representation, the plea has said.

The petitioners have sought the court's direction to quash the colleges' decision to stay away from the election and direct them to participate in it.

During the hearing, the counsel for the DU and DUSU supported the petition and opposed the stand taken by the colleges.

Representing the DU in the court, advocate Monika Arora submitted that this disassociation of the colleges with the DUSU polls has already been rejected by the university as they have not followed the proper procedure for opting out of the election.

She said the colleges can withdraw from the election only by December 31 -- the last working day -- of the previous calendar year.

Arora further contended that the colleges have been taking money from every student all these years in the name of DUSU subscription fees and there is a process in which all the students have to vote. Only if half of them say that they want to withdraw from the DUSU can a college stay away from the student body's election.

To this, the court orally asked the university as to why is it not taking any action against the colleges and whether it can de-affiliate them.

"You take action against these colleges, you de-affiliate these colleges," the judge said.

He also asked the colleges to consider allowing participation in this year's election and said they can opt out of it next year.

"We will hear you and, in the meantime, you must allow the election process to go on. As a special case, you allow the elections this year," the judge orally said, after which the counsel for the colleges sought time to get instructions on this aspect.

The petitioners have sought to quash the colleges' decision disassociating themselves from the DUSU polls, claiming that it is arbitrary, illegal and contrary to the rules of the DU, the Lyngdoh Committee recommendations and the DUSU constitution.

The plea has also sought directions to the colleges to participate in the election in accordance with the DU's notification.

It has said the colleges have announced their disassociation from this election, citing their status as minority institutions, protected under Article 30(1) of the Constitution.

"The sudden decision of these colleges to withdraw, despite being listed as participating institutions, raises serious concerns about transparency and their adherence to statutory obligations," the petition has said.

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