HC stays BMC chief’s letters asking court staff to report for civic polls duty, questions his power

Mumbai, Dec 31 (PTI) The Bombay High Court has stayed letters issued by the Brihanmumbai Municipal Corporation commissioner asking the staff of subordinate courts to report for civic polls duty, questioning his power and jurisdiction.

A bench of Chief Justice Shree Chandrashekhar and Justice Ashwin Bhobe, during a special hearing on Tuesday night at the chief justice’s residence, said the BMC commissioner, also acting as the district election officer, is restrained from issuing any letter or communication to the staff of the HC or subordinate courts requisitioning their services for election duty.

The bench in its order noted that the HC’s Administrative Judges’ Committee had in September 2008 decided that the staff of the high court and all subordinate courts would be exempted from election duty.

The court took suo motu (on its own) cognisance of the December 22 letter issued by the BMC chief, acting as district election officer, to the staff of all subordinate courts in the city directing them to report for election duty. BMC polls will be held on January 15.

The same day, the Chief Metropolitan Magistrate informed the BMC commissioner and the Mumbai city collector that the HC had taken an administration decision regarding staff members of subordinate courts and made a request to exempt court staff 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, informing that the request for exempting the staff of the subordinate courts had been declined.

Advocate Komal Punjabi, appearing for the BMC, on Tuesday sought to withdraw the letters issued by the commissioner.

The court, however, declined the request and directed the municipal commissioner-cum-district election officer to file a personal affidavit indicating the “powers and jurisdiction” under which he has issued directions to the staff of the district judiciary to report for election duty.

Citing the decision taken by the HC in September 2008, the court directed the civic chief not to take any action on the ex parte communication sent by him to the court staff on December 22.

The bench also directed the Election Commission of India, the State Election Commission and the Maharashtra government to file their affidavits and posted the matter for hearing on January 5.

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

During the hearing on Tuesday night, the deputy secretary of the State Election Commission appeared virtually and informed the court that the commission does not normally requisition the court staff for poll duty. PTI SP NR