High Court slams BMC Commissioner for deploying court staff on election duty, calls it a mistake

Mumbai: The Bombay High Court has severely reprimanded Brihanmumbai Municipal Corporation Commissioner Bhushan Gagrani for deploying court staff for election duty. Following the High Court’s displeasure, the commissioner himself admitted that calling court staff for election duty was a mistake. A bench of Chief Justice Shri Chandrashekhar and Justice Gautam Ankhad clearly stated that the BMC commissioner had issued orders exceeding his jurisdiction. The court remarked, “You should protect yourself. You have no authority to summon court employees.”

Last week, the High Court, taking suo motu cognizance, stayed all letters issued by the BMC commissioner summoning employees of subordinate courts for election duty. The commissioner was also directed not to contact any employee of the High Court or subordinate courts for election duty.

During the hearing on Monday, senior advocate Ravi Kadam, appearing for the BMC commissioner, informed the court that the commissioner had withdrawn his orders and considered it an administrative error. The court then stated in strong terms that arrangements for the elections should now be made from other sources.

The court also reminded that in 2008, the High Court’s administrative committee had clearly decided that all employees of the High Court and subordinate courts would be exempt from election duty. Under Article 235 of the Constitution, the High Court has complete control over subordinate courts and their employees. The High Court has adjourned the next hearing of the case for three weeks after the elections, but has also sent a clear message that no administrative interference in the judicial system will be tolerated.