In a late evening intervention triggered by an urgent administrative breach, the Bombay High Court night stepped in to examine the Brihanmumbai Municipal Corporation’s decision to requisition subordinate court staff for election duty, raising serious questions over constitutional control of the judiciary and the limits of election authorities’ powers.
The controversy began when letters were issued by the Municipal Commissioner cum District Election Officer directing staff of subordinate courts in Mumbai to report for election-related duties on December 30, without prior intimation or approval of the High Court. The Registry flagged the issue before the Chief Justice, prompting the Court to convene a rare sitting at 8:00 p.m.
Counsel for the BMC sought time to seek instructions, even as the Court noted that the High Court’s Administrative Judges’ Committee had, as far back as 2008, resolved that High Court and subordinate court staff are exempt from election duties. The Registry also placed on record multiple communications sent to the municipal authorities reiterating this exemption, which were nevertheless ignored.
The Bench underscored that under Article 235 of the Constitution, the High Court exercises complete control and superintendence over subordinate courts and their staff, and noted that neither the Representation of the People Act, 1951 nor constitutional provisions empower election authorities to directly requisition judicial staff. Citing past precedents, the Court observed that judicial and quasi-judicial institutions cannot be treated as a manpower pool for election administration.
Declining the BMC’s request to withdraw its communication, the Court directed the Municipal Commissioner to file a personal affidavit explaining the source of his authority, while emphatically restraining him from acting on or issuing any communication requisitioning court staff. The Bench ordered, “The Municipal Commissioner… is restrained from issuing any letter/communication to the Court staff of High Court or subordinate Courts requisitioning their services for election duty.”
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