Mumbai: Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani conceded on Monday that ordering subordinate court staff to perform election duties was an error, informing Bombay High Court that he had rescinded the controversial directives.
The admission came after the court issued a stern rebuke, challenging the legal authority behind Gagrani’s actions. A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad advised the civic chief to “save himself” and arrange alternative personnel for the upcoming elections.
How the controversy unfolded
The dispute originated in late December 2025 when Gagrani, functioning as District Election Officer, dispatched letters commanding Mumbai subordinate court staff to report for election duty. This occurred despite communications from the Chief Metropolitan Magistrate and Registrar (Inspection) notifying him that the High Court had administratively decided to exempt court personnel.
Ignoring this clear directive, the Commissioner sent another letter to the Chief Judicial Magistrate on December 29, rejecting the exemption request. This action prompted the High Court to initiate suo motu (on its own motion) proceedings.
“From which provision do you draw powers? You cannot summon them. You don’t have the powers,” the bench questioned Gagrani on Monday.
Legal withdrawal
Senior counsel Ravi Kadam, appearing for Gagrani, acknowledged the directives constituted an error and confirmed their formal withdrawal. He also informed the court that a returning officer’s letter seeking staff from the sheriff’s office had been retracted.
Appearing unimpressed by the civic body’s persistence, the court stated, “So now save yourself. You make arrangements from other sources. We will hear (from) you after the elections”.
Court’s earlier intervention
The High Court conducted a special session on December 30, staying Gagrani’s letters directing subordinate court staff to election duty while questioning his authority and jurisdiction. It also prohibited the BMC Commissioner, acting as District Election Officer, from issuing any correspondence to High Court or subordinate court staff requisitioning their election services.
The sequence of events began on December 22, 2025, when the Commissioner issued letters to all subordinate court staff citywide directing them to report for election duty. That same day, the Chief Metropolitan Magistrate notified both the Commissioner and Mumbai city collector about the High Court’s administrative decision regarding subordinate court staff, requesting their exemption from election responsibilities. The Registrar (Inspection) sent similar correspondence informing the civic chief about the High Court’s administrative order.
Latest clarification
On Monday, Kadam explained that following last week’s High Court order, the Commissioner wrote to all officers clarifying court staff cannot be summoned. “However, even after that, one returning officer wrote a letter to the sheriff’s office requisitioning two staff for poll duty. But that is also rectified now,” he told the court.
Read More: Maharashtra’s Political Shift: Gujarati Community Loses Ground – Here’s Why
Constitutional basis
The High Court’s previous order noted that in September 2008, its Administrative Judges’ Committee decided staff from the High Court and all subordinate courts would be exempted from election duty. Under Article 235 of the Indian Constitution, the High Court exercises complete control and superintendence over subordinate courts, including personnel, forming the constitutional basis for exempting court staff from poll duties.
-
-
-
-
