Urgent hearing at Chief Justice’s residence: Bombay HC restrains BMC chief from calling court staff for election duty
The Chief Justice Shree Chandrashekhar-led bench noted that the high court exercises complete control over the subordinate courts, including the staff, under Article 235 of the Constitution.
4 min readMumbaiUpdated: Dec 31, 2025 10:58 AM IST
The bench noted that on September 16, 2008, an administrative judges’ committee of the high court had decided that staff of the high court and subordinate courts were exempted from election duty.
(File)
In an urgent hearing convened at Chief Justice (CJ) Shree Chandrashekhar’s residence on Tuesday night, the Bombay High Court directed Municipal Commissioner Bhushan Gagrani not to take any action based on his December 22 letter calling subordinate court staff for civic election duty.
“The Municipal Commissioner, BMC-cum-District Election Officer is restrained from issuing any letter/communication to the court staff of High Court or subordinate courts requisitioning their services for election duty,” the high court order on a suo motu writ petition in connection with Gagrani’s communication held.
The order further recorded that when a bench of Chief Justice Chandrashekhar and Justice Ashwin D Bhobe—who is sitting during the high court’s Christmas vacation—assembled around 8 pm on Wednesday, advocate Komal Punjabi, representing Brihanmumbai Municipal Corporation (BMC), sought a brief adjournment to seek instructions from officials in the matter.
The bench noted that on September 16, 2008, an administrative judges’ committee of the high court had decided that staff of the high court and subordinate courts were exempted from election duty.
The Chief Justice Chandrashekhar-led bench noted that the high court exercises complete control and superintendence over the subordinate courts, including the staff, under Article 235 of the Constitution.
Suryakrishnamurthy, Deputy Secretary of the State Election Commission (SEC), made a statement on instructions that the SEC, though an independent body, normally does not requisition the court staff and follows the instructions issued by the Election Commission of India (ECI).
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The high court further referred to a June 7, 2023, communication by the ECI to several central departments, state governments and Union Territories (UTs) and state election bodies that “present practice of obtaining the prior approval of the High Court before engaging judicial officers/staff, under exceptional circumstances, for election work to continue”.
The bench further observed that the coordinate bench of the high court had in March 2024 held that the election authorities cannot pass any order requiring the Charity Commissioner or any other authority, which is quasi judicial or judicial nature, to make available its staff for election duty.
The Chief Justice Chandrashekhar-led bench was informed by the high court registry that, without any prior communication or information, the BMC commissioner had directly sent the letter to the staff of the subordinate courts, ordering them to report for election duty on December 30 between 3 and 5 pm.
Vinod R Patil, the in-charge Chief Judicial Magistrate (CJM), Esplanade, thereafter informed the BMC commissioner and district collector about the high court’s March 2009 decision to exempt subordinate courts’ staff from election duty. The high court registry also sent a similar communication to the BMC commissioner through email on December 26.
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However, the BMC commissioner, through a letter issued on December 29, informed the CJM, Mumbai, that the request to exempt staff of the subordinate court was declined. When the bench reassembled at 8.45 pm on Tuesday, the BMC lawyer made a request to allow withdrawal of the December 29 communication
However, the high court declined the request and instead directed the BMC commissioner to file his personal affidavit along with supporting documents indicating the powers under which he issued the directions to subordinate court staff. The high court also restrained him from issuing any letter to court staff, calling them for poll duty.
The court also sought affidavits from the SEC, the ECI, and the Maharashtra government on the matter before the next hearing on January 5.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
