Mumbai, March 4: The Bombay High Court has disposed of a suo motu (on its own) plea initiated by it in December last year after staff of subordinate courts were requisitioned for civic poll duty by the Municipal Commissioner, who was also acting as the District Election Officer.
Bench informed of ECI guidelines
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad disposed of the plea after it was informed that there existed comprehensive guidelines by the Election Commission of India (ECI) with regard to summoning of staff.
High court had stayed BMC letters
On December 30, 2025, during a special late-night hearing, the HC had stayed letters issued by the BMC Commissioner-cum-District Election Officer directing subordinate court staff to report for civic poll duty, holding that the commissioner lacked the authority to issue such communications.
ECI clarifies rules on court staff for poll duty
Following this, an affidavit was filed by the ECI stating that judicial officers and court staff can be engaged for election duty only in “exceptional circumstances” and with prior approval of the concerned High Court. It clarified that these instructions apply only to elections conducted under Article 324 of the Constitution and not to municipal elections.
Letters issued by BMC commissioner
On December 22, 2025, a letter was 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.
Court administration sought exemption
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.
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Request for exemption declined
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 had been declined. The HC had then taken suo motu cognisance of the issue.
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