Bombay High Court Holds Emergency Hearing From CJ's Residence After Court Staff Asked To Perform Election Duty

On Tuesday late evening, the Bombay High Court held an "emergency" hearing at the residence of the Chief Justice after it was informed about the Brihanmumbai Municipal Corporation (BMC) Commissioner issuing a communication to the staff of the city's subordinate courts directing them to report for "election duty" on December 30 for 2 hours in the evening.May it be noted that the High Court is presently shut owing to the winter/New Year leaves till January 4 and will resume from January 5 and only vacation court judges (one or two) preside overing emergency hearings on alternate days. However, in a special sitting, Chief Justice Shree Chandrashekhar and Justice Ashwini Bhobe held the court from his residence on Tuesday late evening at 8:00PM. In the hearing, the judges took note of a decision taken on September 12, 2008, wherein the HC's Administrative Judges Committee, exempted the High Court staff and also the staff of the subordinate courts from election duty. It had even resolved not to provide any information to the election commission about its staff, when asked for as the High Court exercises complete control and superintendence over the subordinate Courts including its staff.When the judges pointed out this decision along with various provisions of the Constitution of India to the counsel appearing for the BMC, the court was informed that the Commissioner seeks to withdraw the said communication by which he had asked staff of lower courts to report for election duty on December 30. However, the judges refused to allow him to withdraw the said communication and instead asked him to file a detailed affidavit as to on what basis did he issue such a communication. "The Commissioner, who is also the District Election Officer is directed to file his own personal affidavit indicating the powers and jurisdiction under which he has issued directions to the subordinate staff of the District Judiciary to report for duty on 30th December 2025 between 03:00 p.m. to 05:00 p.m. for election duty," the judges said in the order. Having regard to the decision of the High Court taken in the meeting of the Administrative Judges' Committee and the Constitutional and statutory provisions, we hereby direct the Municipal Commissioner, BMC-cum-District Election Officer not to take any action pursuant to the ex-parte communication dated December 22, 2025 directly sent to the Court staff, the judges added. "The Municipal Commissioner, BMC-cum-District Election Officer 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 made it clear. The bench further asked even the State Election Commission, Election Commission of India and the Maharashtra Government to file their own affidavits on the every issue. The matter is kept for further hearing on January 5.Click Here To Read/Download Order

Bombay High Court Holds Emergency Hearing From CJ's Residence After Court Staff Asked To Perform Election Duty

Narsi Benwal

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