BMC chief admits mistake in deploying court staff for poll duty; get HC rap

Mumbai, Jan 5 (PTI) Admitting it was a "mistake" to overstep his jurisdiction, Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani on Monday informed Bombay High Court that he withdrew directives that had asked subordinate court staff to report for election duty.

This decision followed a strong reprimand from the court, which questioned the legal basis for Gagrani's actions.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad advised the civic chief to "save himself" and find alternative personnel for the upcoming polls.

The entire controversy began in late December 2025, when the commissioner, acting as the District Election Officer, issued letters ordering staff from Mumbai's subordinate courts to report for election duty despite a letter from the Chief Metropolitan Magistrate and the Registrar (Inspection) informing that the High Court had already taken an administrative decision to exempt court staff.

Despite a clear directive, the commissioner shot off another letter to the chief judicial magistrate on December 29, informing that the request for exempting the staff of the subordinate courts had been declined, a move that prompted the High Court to take a suo motu (on its own motion) action.

"From which provision do you draw powers? You cannot summon them. You don't have the powers," the bench asked the BMC commissioner on Monday.

Senior counsel Ravi Kadam, representing Gagrani, admitted that the directives were an error and informed the court that they had been formally withdrawn.

He also informed the court that a letter from a returning officer to draw staff from the sheriff's office had also been withdrawn.

Seemingly unimpressed by the persistence of the civic body, the court said, "So now save yourself. You make arrangements from other sources. We will hear (from) you after the elections." The high court held a special hearing on December 30 and stayed Gagrani's letters directing the staff of subordinate courts to report for civic polls duty, questioning his power and jurisdiction.

It had also restrained the BMC commissioner, acting as the district election officer, from issuing any letter/communication to the staff of the high court or subordinate courts requisitioning their services for election duty.

On December 22, 2025, the commissioner issued a letter to the staff of all subordinate courts in the city directing them to report for election duty.

The same day, the chief metropolitan magistrate informed the commissioner and the Mumbai city collector that the high court had taken an administrative decision regarding staff members of subordinate courts and made a request to exempt them from election duty.

A similar communication was sent by the Registrar (Inspection) informing the civic chief about the administrative order passed by the HC.

Despite this, the commissioner, on December 29, issued a letter to the chief judicial magistrate, intimating that the request for exempting the staff of the subordinate courts had been declined.

On Monday, the commissioner's counsel said that after the HC order of last week, the commissioner wrote to all officers clarifying that court staff cannot be summoned.

"However, even after that, one returning officer wrote a letter to the sheriff's office requisitioning two staff for poll duty. But that is also rectified now," Kadam told the court.

The high court, in its order of last week, noted that in September 2008, the HC's Administrative Judges' Committee had made a decision that the staff of the high court and all subordinate courts would be exempted from election duty.

Under Article 235 of the Constitution of India, the high court exercises complete control and superintendence over the subordinate courts, including staff, and based on this, the order exempting court staff from poll duty was passed. PTI SP SKL ARU