In a dramatic late-night hearing convened at the official residence of the Chief Justice, the Bombay High Court has issued a firm order restraining the Municipal Commissioner of Brihanmumbai Municipal Corporation (BMC) from calling upon staff of the high court and subordinate courts for election duty related to the upcoming civic polls.
Urgent Hearing at Chief Justice's Residence
The bench, led by Chief Justice Shree Chandrashekhar and comprising Justice Ashwin D Bhobe, assembled around 8 pm on Tuesday, December 31, 2025, during the court's Christmas vacation. The hearing was initiated suo motu (on its own motion) by the high court in response to a December 22 letter issued by BMC Commissioner and District Election Officer Bhushan Gagrani. The letter had directly called upon staff of the subordinate courts to report for election duty on December 30 between 3 pm and 5 pm.
The court was informed by its registry that this communication was sent without any prior approval or intimation to the high court administration. Following this, the in-charge Chief Judicial Magistrate of Esplanade, Vinod R Patil, had informed the BMC commissioner about a 2009 high court decision exempting such staff. The registry also sent an email to the same effect on December 26.
Court Rejects BMC's Request, Upholds Constitutional Authority
When the bench reconvened at 8:45 pm, advocate Komal Punjabi, representing the BMC, requested permission to withdraw the commissioner's subsequent December 29 letter, which had declined the request for exemption. The high court, however, declined this request and instead directed Commissioner Gagrani to file a personal affidavit. This affidavit must detail the powers under which he issued the directions to the court staff and be supported by relevant documents.
The bench firmly reiterated the high court's constitutional authority. It noted that under Article 235 of the Constitution of India, the high court exercises complete control and superintendence over the subordinate courts, including their staff. The court referenced a September 16, 2008, decision by its administrative judges' committee that explicitly exempted staff of both the high court and subordinate courts from election duty.
Broader Legal Precedents and Future Steps
The order also referenced broader election commission guidelines. It cited a June 7, 2023, communication from the Election Commission of India (ECI) to various government bodies, which stated that the prior approval of the High Court must be obtained before engaging judicial officers or staff for election work, even under exceptional circumstances.
Furthermore, the bench recalled a March 2024 ruling by a coordinate bench of the same high court. That ruling had held that election authorities cannot order any quasi-judicial or judicial authority, like the Charity Commissioner, to provide its staff for election duties.
During the hearing, Suryakrishnamurthy, Deputy Secretary of the State Election Commission (SEC), stated that while the SEC is an independent body, it typically does not requisition court staff and follows the instructions issued by the ECI.
The Bombay High Court's final order explicitly restrained the Municipal Commissioner from issuing any further letters to court staff for election duty. The court also directed the State Election Commission, the Election Commission of India, and the Maharashtra government to file their affidavits on the matter. The case will be heard next on January 5. The BMC elections are scheduled for January 15, 2025.
