Mumbai: The Election Commission of India (ECI) has told the Bombay High Court that judicial officers and court staff can be engaged for election duty only in “exceptional circumstances” and with prior approval of the High Court concerned.
It clarified that these instructions apply only to elections conducted under Article 324 of the Constitution and not to municipal elections. In an affidavit filed before the high court, the ECI said its constitutional powers under Article 324 are limited to elections to Parliament, state legislatures and the offices of the President and Vice President.
It added that the present proceedings do not relate to any such elections or to any requisition made by the ECI. The affidavit was filed pursuant to a December 30, 2025 order of the Bombay High Court, which took suo motu cognisance of the issue after staff of subordinate courts were requisitioned for civic poll duty by the municipal commissioner.
The ECI submitted that it has consistently acted within the limits of its constitutional and statutory mandate. In a separate affidavit, the SEC of Maharashtra said its powers to conduct local body elections are no less than those of the ECI in their respective domains. Relying on a Supreme Court ruling, the SEC said it exercises plenary powers under Articles 243K and 243ZA of the Constitution to ensure free and fair local body elections. A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad has kept the matter to hearing after two week.
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