Mumbai: In a special hearing held on Tuesday night at the residence of a Chief Justice of Bombay High Court, the court stayed letters issued by the BMC commissioner asking staff of subordinate courts to
report for civic polls duty. The court also questioned the chief of his power and jurisdiction.
A bench of Chief Justice Shree Chandrashekhar and Justice Ashwin Bhobe said: “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.”
In its order in September 2008, HC’s Administrative Judges’ Committee had decided that the staff of the high court and all subordinate courts will be exempted from election duty.
Bombay HC Takes Suo Motu Cognizance
The HC took suo motu (on its own) cognizance of the December 22 letter issued by the BMC Commissioner, acting as district election officer, to the staff of all subordinate courts in the city directing them to report for election duty.
The Chief Metropolitan Magistrate, on the same day, informed the commissioner and the Mumbai city collector about the decision taken by the HC administration regarding staff members of subordinate courts and made a request to exempt court staff from election duty. The Registrar (Inspection) too sent a similar communication to the BMC chief pointing out the HC’s administrative decision.
Despite this, on December 29, the BMC commissioner issued a letter to the Chief Judicial Magistrate, intimating that the request for exempting the staff of the subordinate courts has been declined.
When the matter was taken up for hearing for 8pm on Tuesday, BMC advocate Komal Punjabi, sought adjournment till 8.45pm to take instructions. However, the request was declined.
She then sought to withdraw the letter issued by the BMC chief.
The court, however, declined the request too 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.
Taking in view the 2008 decision taken by the HC, the judges directed the civic chief not to take any action on the ex-parte communication sent by him to the court staff on December 22 directing them to report for election duty.
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.
The Election Commission of India, State Election Commission and the Maharashtra government have also been directed to file their affidavits and kept the matter for hearing on January 5.
In its detailed order, the HC noted that under Article 235 of the Constitution of India, it 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.
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