The Bombay High Court has restrained the Brihanmumbai Municipal Corporation (BMC) from requisitioning judicial staff for civic election duties, underscoring the constitutional and statutory protections afforded to court personnel.
The order was passed by the Division Bench of Chief Justice Shree Chandrashekhar and Justice Ashwin D Bhobe in a late-evening hearing conducted at the residence of the Chief Justice on December 30. The special sitting was convened in light of urgent communications issued by the Municipal Commissioner-cum-District Election Officer directing subordinate court staff to report for election-related work on the same day.
The Court took suo motu cognisance of the December 22 communication sent directly to court staff, requiring their attendance between 3:00 p.m. and 5:00 p.m. Despite prior requests from judicial authorities seeking exemptions, the Municipal Commissioner had declined to grant relief through a subsequent letter dated December 29.
The High Court issued a restraint preventing the BMC from enforcing the impugned communication or issuing further directives requisitioning personnel of the High Court or subordinate courts for election duties.
In its order, the Division Bench emphasised that under Article 235 of the Constitution, High Courts exercise complete control and superintendence over subordinate courts and their staff.
While acknowledging the powers conferred upon State Election Commissions under Articles 243K and 243ZA, and the statutory framework of Section 159 of the Representation of the People Act, 1951, the Bench observed that neither High Courts nor their subordinate staff are included in the list of authorities subject to compulsory requisition.
Established practice under the Election Commission of India similarly required prior judicial approval before engaging court personnel, even under exceptional circumstances, it added.
The Bench also considered historical precedent, including a 2008 resolution of the Administrative Judges’ Committee and a 2009 general order, which exempted High Court and subordinate court staff from electoral duties and directed that no information regarding court personnel be shared with election authorities. It observed that the Municipal Commissioner’s December 29 communication proceeded contrary to these directives and hence, was restrained.
To clarify the legal and administrative basis of his actions, the High Court directed the Municipal Commissioner to file a personal affidavit detailing the powers and jurisdiction invoked to requisition judicial staff. Affidavits were additionally sought from the State Election Commission, the Election Commission of India, and the Government of Maharashtra.
The Division Bench listed the matter for further hearing on January 5, 2026.
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