The High Court of Judicature at Bombay, in a Suo Moto Writ Petition, has issued an order concerning the requisition of subordinate court staff for election duty by the Municipal Commissioner of Brihanmumbai.
Case Details:
The Court convened on an urgent basis after the Municipal Commissioner, BMC-cum-District Election Officer issued a letter dated 22nd December 2025, directing the staff of subordinate courts to report for election duty on 30th December 2025. This was followed by a communication on 29th December 2025, declining the request to exempt the court staff from this duty.
The Court noted that a decision was taken by the Administrative Judges' Committee of the High Court on 16th September 2008, exempting the staff of the High Court and subordinate courts from election duty, citing complete control and superintendence over subordinate courts under Article 235 of the Constitution of India.
Having considered the constitutional and statutory provisions, the High Court issued the following directions:
Stay on Action: The Municipal Commissioner, BMC-cum-District Election Officer is directed not to take any action pursuant to the communication dated 22nd December 2025, which was sent directly to the court staff.
Restraint on Requisition: The Municipal Commissioner is restrained from issuing any further letters or communications to the staff of the High Court or subordinate courts requisitioning their services for election duty.
Affidavit Required: The Municipal Commissioner-cum-District Election Officer is directed to file a personal affidavit detailing the powers and jurisdiction under which the directions were issued to the subordinate staff of the District Judiciary.
Affidavits from Other Bodies: Affidavits are also to be filed on behalf of the State Election Commission, the Election Commission of India, and the State of Maharashtra.
The matter is scheduled to be taken up as the first matter on 5th January 2026, at 11:00 a.m.
The order is to be communicated to all learned counsels appearing for the parties through usual modes as well as email and WhatsApp.
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