Bombay High Court restrains BMC from engaging court staff for election duty

The Bombay High Court on December 30 convened a late evening special sitting at the Chief Justice’s residence to urgently deal with the issue of court staff being requisitioned for Brihanmumbai Municipal Corporation (BMC) election duties [In re: Order dated December 29, passed by the Municipal Commissioner]..In its order passed around 8 PM, the Court restrained the Municipal Commissioner-cum‑District Election Officer Bhushan Gagrani from acting on his December 29 communication that declined to grant an exemption for court staff or enforcing directions issued to them for civic election work..A Division Bench of Chief Justice Shree Chandrashekhar and Justice Ashwin D Bhobe took suo motu cognisance of a December 22 communication addressed directly to the subordinate court staff, calling upon them to report for election duty on December 30 between 3 PM and 5 PM.The Bench restrained the BMC from issuing any communication to the court staff of the High Court or subordinate courts to requisition their services for election duty. ."We hereby direct the Municipal Commissioner, BMC-cum-District Election Officer not to take any action pursuant to the ex-parte communication dated December 22, directly sent to the Court staff. The Municipal Commissioner is restrained from issuing any communication to the Court staff of High Court or subordinate Courts requisitioning their services for election duty", the order reads..The Bench also directed Municipal Commissioner Bhushan Gagrani to file a personal affidavit indicating the powers and jurisdiction under which he issued directions to the staff of the district judiciary to report for election duty..The order noted that the In‑charge Chief Metropolitan Magistrate, Esplanade, Mumbai, had written to the Collector (Mumbai City) and the District Election Officer seeking an exemption for court staff, citing a 2008 Administrative Judges’ Committee decision and a 2009 general order of the High Court.The Registrar (Inspection II) also sent a similar communication on December 26, attaching the general order, but the Municipal Commissioner nonetheless issued a December 29 letter to the Chief Judicial Magistrate, Mumbai, declining the request..The Division Bench of the High Court on December 30 noted that under Article 235 of the Constitution, the High Court exercises complete control and superintendence over subordinate courts and their staff.It referred to Articles 243K and 243ZA (powers of State Election Commission over elections) and Section 159 of the Representation of the People Act, observing that although various authorities are contemplated for requisitioning staff for election work, High Courts and subordinate courts do not figure in the list under Section 159(2). .When the matter was taken up, the BMC's counsel sought to withdraw the December 29 communication. However, the Bench declined this request and instead insisted on a detailed personal affidavit from the Municipal Commissioner.Affidavits have also been called from the State Election Commission, the Election Commission of India and the State of Maharashtra.The suo motu matter is listed next on January 5, 2026..Additional government pleader Jyoti Chavan appeared for the State.Advocates Komal Punjabi and Joel Carlos appeared for the BMC.Advocates Sachindra Shetye appeared for the State Election Commission.. [Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.