BMC withdraws poll-duty letters to court staff after HC rap

While the BMC claimed it had acted on a list supplied by the state government that allegedly included court staff, the court termed the issue “serious” and directed the civic body to make alternative arrangements

MUMBAI: Following the Bombay High Court’s orders to exempt court staff from election duties, the Brihanmumbai Municipal Corporation (BMC) commissioner Bhushan Gagrani, told the court on Monday that the letters to the court staff have been withdrawn. While the BMC claimed it had acted on a list supplied by the state government that allegedly included court staff, the court termed the issue “serious” and directed the civic body to make alternative arrangements.

Bombay High Court (Anshuman Poyrekar/HT PHOTO)

Appearing before a division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad, Gagrani admitted that issuing the letters was a “mistake” and informed the court that a clarification had been sent to all concerned officials stating that court staff cannot be deployed for election-related work. The court, however, expressed strong displeasure over the commissioner’s actions. “From where did you draw the power to call the court staff for duty? You don’t have such powers,” the judges remarked.

The issue stems from letters issued by the municipal commissioner, in his capacity as the district election officer, on December 22, directing subordinate court staff to report for election duty on December 30.

The Administrative Judges’ Committee (AJC) of the Bombay High Court, on September 16, 2008, had resolved that the staff of the high court and subordinate courts are exempt from election duty.

Following the December 22 directive, the chief metropolitan magistrate informed the district collector and Gagrani about the earlier high court decision and sought the exemption for court staff from poll duties. A similar communication was sent by the inspection registrar on December 26, enclosing a copy of the court’s administrative decision. Despite this, Gagrani issued an intimation to the chief judicial magistrate on December 29 stating that the request for exemption had been declined.

The high court, after noticing the registry records of court staff being issued poll-duty letters, took up the matter suo motu on December 30 and directed the municipal commissioner to file a personal affidavit detailing the powers and jurisdiction under which he issued directions to the subordinate staff of the District Judiciary to report for election duty between 3 pm and 5 pm on December 30.

“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 bench said on December 30, further directing the State Election Commission, the Election Commission of India and the State government to file their affidavits and posted the matter for further hearing on January 5.

Subsequently, during the hearing on January 5, senior counsel Ravi Kadam, appearing for Gagrani, informed the court that, following its order on December 30, the letters to the court staff have been withdrawn. While the BMC claimed it had acted on a list supplied by the state government that allegedly included court staff, the court termed the issue “serious” and directed the civic body to make alternative arrangements.

The matter will be heard after the elections, with further proceedings scheduled in three weeks, the bench noted.