The bench stated that the High Court’s administrative committee had decided in September 2008 that High Court and lower court staff would be exempted from election duty. The High Court took suo motu cognizance of the BMC Commissioner’s letter and held this hearing.
HC upset over BMC commissioner's order deploying court staff for poll Duty
Mumbai: The Bombay High Court has stayed the letter issued by the BMC Commissioner directing lower court employees to report for election duty. The High Court has also questioned the BMC Commissioner's authority to summon court staff for election duty.
Special Hearing at the Chief Justice's Residence
A bench of Chief Justice, Justice Chandrashekhar and Justice Ashwin Bhobe, during a special hearing held at the Chief Justice's residence on Tuesday night, stated that the BMC Commissioner, who also acts as the District Election Officer, is restrained from issuing any letter or other form of communication demanding the services of High Court or lower court staff for election duty.
The bench stated that the High Court's administrative committee had decided in September 2008 that High Court and lower court staff would be exempted from election duty. The High Court took suo motu cognizance of the BMC Commissioner's letter and held this hearing.
BMC Commissioner Did Not Comply Despite Request
It is noteworthy that on the same day the BMC Commissioner issued the letter, the Chief Metropolitan Magistrate informed the BMC Commissioner and the Mumbai Collector that, under an administrative decision taken by the High Court regarding lower court staff, a request had been made to exempt court staff from election duty.
Despite this, the BMC Commissioner rejected the request to exempt lower court staff from election duty on December 29.
High Court Demands Affidavit from Commissioner
During the hearing, advocate Komal Punjabi, appearing for the BMC, requested that the letter issued by the Commissioner be withdrawn, but the High Court rejected the request.
The High Court directed the BMC Commissioner to file an affidavit stating the powers under which the Commissioner directed court staff to report for election duty.
The bench also directed the Election Commission, the State Election Commission, and the Maharashtra government to file affidavits. The High Court will now hear this case on January 5.
Under Article 235 of the Constitution of India, the High Court has complete control and supervisory authority over subordinate courts, including their staff, and it was on this basis that the order exempting court staff from election duty was passed.
