Delhi High Court Upholds JNU's Cross-Constituency Voting Rule in Student Elections

Court affirms inclusivity and democratic representation in JNU's election process, dismisses petition challenging election results and procedures.

In a significant judgment delivered on November 3, 2025, the Delhi High Court upheld Jawaharlal Nehru University's (JNU) decision to allow cross-constituency voting in its student elections for the Internal Committee (IC), asserting that such changes enhance democratic representation and inclusivity. The court dismissed a petition filed by Pushkar Raj and others challenging the election rules and results, which had sought to quash Clause 5(j) of the General Instructions permitting voters to cast their votes across all constituencies.

The petitioners, students of JNU, contended that the alteration of voting rules after the election process began was arbitrary and discriminatory, adversely affecting their campaign strategies. They argued that the rule change violated the principle of "no rule change after the game begins," which safeguards election integrity.

Justice Mini Pushkarna, presiding over the case, emphasized that the cross-constituency voting mechanism did not amount to arbitrary or discriminatory change. Instead, it was a decision taken to enhance inclusivity and equity in the electoral process, aligning with democratic principles. The court observed that the rule change was applied uniformly across all candidates, ensuring a level playing field without causing material prejudice to any party.

The judgment highlighted the importance of expanding voter participation and representation, noting the skewed student distribution at JNU, with differing numbers of undergraduate, postgraduate, and research scholar students. The court underscored that the ability for students to vote across constituencies would eliminate perceived inequities arising from differential voting rights and promote a holistic approach to representation.

Furthermore, the court upheld the decision-making process, which was based on recommendations from a duly constituted committee tasked with overseeing the election process. It was noted that the committee's decision was not unilateral but emerged from a consultative and deliberative process involving inputs from students, faculty, and administrators.

The court also affirmed that the elections were conducted in a transparent and democratic manner, fulfilling the requirements set forth by the Rules for IC, which did not prescribe any rigid voting format or prohibit cross-constituency participation.

In dismissing the petition, the court reiterated the principle of judicial restraint in interfering with policy decisions taken by competent authorities, especially when such decisions are based on expert recommendations and enhance democratic participation.

The decision is expected to set a precedent for future student elections at JNU and other educational institutions, emphasizing the need for inclusivity and broad representation in democratic processes.

Bottom Line:

Alteration of election rules to allow cross-constituency voting for student representatives does not amount to arbitrary or discriminatory change, provided it ensures inclusivity, equity, and democratic representation.

Statutory provision(s):  

• - Article 226 of the Constitution of India  
• - University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015  
• - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013  

Pushkar Raj v. Jawaharlal Nehru University, (Delhi) : Law Finder Doc Id # 2803612