Court Asserts Authority Over Subordinate Judiciary, Exempts Court Staff from Election Duty Without High Court Approval
In a decisive ruling, the Bombay High Court has restrained the Municipal Commissioner of Brihanmumbai Municipal Corporation (BMC) from requisitioning court staff for election duties. This order follows an unauthorised communication issued by the BMC, directing subordinate court staff to report for election duty, which was met with immediate opposition by the High Court.
The bench, comprising Chief Justice Shree Chandrashekhar and Justice Ashwin D. Bhobe, acted swiftly in response to the urgency of the matter. Convened at an unusual hour, the court underscored its constitutional authority over subordinate courts, reaffirming a decision made by the Administrative Judges' Committee back in 2008. According to this decision, the High Court and its subordinate staff are exempt from election duties unless prior approval is obtained from the High Court itself.
The controversy erupted when the BMC, acting as the District Election Officer, issued a communication on December 22, 2025, demanding that court staff report for duty on December 30, 2025. This directive was in direct conflict with established protocols and a specific High Court directive exempting judicial staff from such obligations. Despite being informed of this position through multiple communications, the BMC declined the exemption request, prompting the High Court's intervention.
During the proceedings, the court highlighted that the State Election Commission and the Election Commission of India usually adhere to guidelines that require High Court approval before involving judicial staff in election-related tasks. The court's decision is further supported by statutory provisions, notably Article 235 of the Constitution, which grants the High Court supervisory authority over subordinate courts, and Section 159 of the Representation of the People Act, 1951, which does not include judicial staff in the list of authorities to be requisitioned for election work.
The High Court has directed the Municipal Commissioner to file a personal affidavit explaining the legal basis for the directive issued to court staff. It has also ordered affidavits from the State Election Commission, the Election Commission of India, and the State of Maharashtra to be submitted by January 5, 2026.
This ruling reinforces the autonomy of the judiciary, ensuring that judicial functions remain uninterrupted by external administrative orders, particularly in the context of election duties.
Bottom Line:
High Court reserves the right to exempt its staff and subordinate court staff from election duty as per the decision taken by the Administrative Judges' Committee under Article 235 of the Constitution of India.
Statutory provision(s): Article 235, Article 243K, Article 243ZA of the Constitution of India, Section 159 of the Representation of the People Act, 1951
