HC restrains BMC from deploying court staff for election duty

A division bench of chief justice Shree Chandrashekhar and justice Ashwin Bhobe took up the matter suo motu after the registry placed records before the chief justice earlier in the day. The records showed that the municipal commissioner, in his capacity as the district election officer, had on December 22 directed subordinate court staff to report for election duty on December 30

MUMBAI: In a late-evening hearing held at the chief justice’s residence on Tuesday, the Bombay High Court restrained the commissioner of the Brihanmumbai Municipal Corporation (BMC) from requisitioning staff of the subordinate courts for election duty. The court directed the municipal commissioner, who is also the district election officer, to file a personal affidavit explaining the power and jurisdiction under which he had issued such directions in the previous week.

Bombay High Court (HT Photo)

A division bench of chief justice Shree Chandrashekhar and justice Ashwin Bhobe took up the matter suo motu after the registry placed records before the chief justice earlier in the day. The records showed that the municipal commissioner, in his capacity as the district election officer, had on December 22 directed subordinate court staff to report for election duty on December 30.

The bench noted that 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. The decision also clarified that the court exercises complete control and superintendence over subordinate courts and their staff.

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

During the hearing at 8 pm on Tuesday, advocates Komal Punjabi and Joel Carlos, appearing for the BMC, sought an adjournment till 8.45 pm to withdraw the December 29 communication. The court declined the request and directed the municipal commissioner to file a personal affidavit detailing the powers and jurisdiction under which he had 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 deputy secretary of the State Election Commission contended that although the Commission is an independent constitutional body, it does not requisition court staff for election duties. It follows the instructions of the Election Commission of India wherever necessary, if not contrary to its own policy, he said.

Taking note of the AJC’s 2008 decision and the constitutional and statutory framework, the bench restrained the municipal commissioner from acting on the December 22 communication. “The municipal commissioner, BMC-cum-district election efficer 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.

The court further directed 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.