In an urgent late-night hearing, the Bombay High Court stepped in to halt the Brihanmumbai Municipal Corporation’s move to deploy judicial staff for election work, holding that such directions violate long-standing constitutional and administrative safeguards.
The court was convened at 8 p.m. on December 30 after court records revealed that subordinate court staff had been asked to report for election duty the same day, without the High Court’s consent.
Background of the Case
The proceedings arose from a suo motu writ petition concerning an order issued on December 29, 2025, by the Municipal Commissioner of Mumbai, acting as District Election Officer. The communication declined to exempt court staff from election duty, despite repeated reminders from the judiciary.
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Court officials pointed out that as early as September 2008, the Administrative Judges’ Committee of the High Court had resolved that High Court and subordinate court staff are exempt from election duties. This decision was rooted in Article 235 of the Constitution, which grants the High Court complete control over subordinate courts and their personnel.
Despite this, letters dated December 22 and 29, 2025, were issued by the civic authorities directing court staff to report for duty.
Court’s Observations
The Division Bench of Chief Justice Shree Chandrashekhar and Justice Ashwin D. Bhobe examined constitutional provisions governing elections and judicial independence.
Referring to Article 243-K and Article 243-ZA, the court noted that while the State Election Commission has authority over municipal elections, it can only requisition staff in accordance with law.
The bench also examined Section 159 of the Representation of the People Act, 1951, observing that the provision lists authorities whose staff can be requisitioned - but courts and judicial establishments are not included.
“The High Court exercises exclusive administrative control over the subordinate judiciary,” the bench observed, adding that judicial staff cannot be treated as part of the general administrative pool.
The court also relied on a 2023 communication of the Election Commission of India, which stated that even in exceptional circumstances, prior approval of the High Court is required before engaging judicial officers or staff for election work.
During the hearing, counsel for the Brihanmumbai Municipal Corporation sought time to withdraw the December 29 communication. However, the court declined this request.
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Officials from the State Election Commission clarified that, as a matter of practice, court staff are not requisitioned and that the Commission generally follows the Election Commission of India’s guidelines.
The Court’s Decision
The High Court restrained the Municipal Commissioner-cum-District Election Officer from acting on the letters issued to court staff and categorically barred any further communication requisitioning services of High Court or subordinate court employees for election duty.
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The bench directed the Municipal Commissioner to file a personal affidavit explaining the legal authority under which such directions were issued. Similar affidavits were also sought from the State Election Commission, the Election Commission of India, and the State of Maharashtra.
The matter has been listed for further hearing on January 5, 2026, with the court making it clear that judicial independence cannot be compromised by administrative overreach.
Case Title: In Re: Order dated 29 December 2025 passed by Municipal Commissioner, Brihanmumbai
Case No.: Suo Motu Writ Petition of 2025
Case Type: Suo Motu Writ Petition
Decision Date: 30 December 2025
