The Bombay High Court has sharply reprimanded BMC Commissioner Bhushan Gagrani for overstepping his authority by requisitioning court staff for civic election duty in Mumbai. Acting suo motu, the High Court stayed the commissioner’s letters and reminded him that court staff are exempt from election duties under Article 235 of the Constitution, emphasizing that proper arrangements must be made from other sources. This incident highlights the judiciary’s strict control over its subordinate staff and the importance of adhering to constitutional provisions during elections.
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Bombay High Court Pulls Up BMC Chief for Requisitioning Court Staff – Election Duty Controversy
Mumbai, January 5, 2026: The Bombay High Court has pulled up Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani for requisitioning court staff for civic election duty, stating that he overstepped his jurisdiction.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad asked the BMC chief to “save himself” and make arrangements from other sources instead of summoning court staff for election duty.
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Background of the Controversy
On December 22, 2025, Commissioner Gagrani issued letters directing the staff of all subordinate courts in Mumbai to report for civic polls duty. However, the High Court, acting on its own initiative (suo motu), stayed these letters, questioning the commissioner’s authority to issue such directives.
The HC had also restrained the commissioner, acting as the district election officer, from requisitioning services of any high court or subordinate court staff for election purposes.
Despite clear administrative directions from the High Court, the commissioner issued another letter on December 29, ignoring the exemption communicated earlier. This prompted the HC to intervene again.
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Court Observations
The bench sternly asked,
“From which provision do you draw powers? You cannot summon them. You don’t have the powers.”
The High Court emphasized that under Article 235 of the Constitution of India, it exercises complete control and superintendence over subordinate courts and their staff. Based on this authority, an administrative order passed in September 2008 exempts court staff from election duty.
Senior counsel Ravi Kadam, representing Gagrani, admitted the commissioner’s mistake and informed the court that all erroneous letters have been withdrawn. The bench then advised:
“So now save yourself. You make arrangements from other sources. We will hear you after the elections.”
Administrative Communications
- On December 22, 2025, the Chief Metropolitan Magistrate informed the commissioner and Mumbai City Collector about the HC’s exemption order.
- Despite the notification, Gagrani issued letters on December 29, disregarding the exemption request.
- Following the HC’s order last week, the commissioner clarified that court staff cannot be summoned.
Even after the clarification, one returning officer erroneously requisitioned two court staff for poll duty. However, the issue has now been rectified.
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Importance of Article 235
Article 235 of the Indian Constitution grants high courts complete control over subordinate courts and their staff. This includes administrative authority, appointments, and exemptions. The exemption from election duty ensures that judicial functioning remains uninterrupted during elections, maintaining the independence of the judiciary.
Key Takeaways
- BMC Commissioner Bhushan Gagrani admitted a mistake in requisitioning court staff.
- Bombay High Court reiterated the exemption of court staff from civic poll duties under Article 235.
- Administrative compliance with judicial directives is mandatory, even for election officers.
- Court staff exemption ensures the smooth functioning of judiciary during elections.
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FAQ
Q1. Can BMC staff requisition court employees for elections?
A1. No, under Article 235 of the Constitution, only the High Court has control over subordinate court staff. BMC cannot requisition them for civic polls.
Q2. What action did the Bombay High Court take against the BMC chief?
A2. The HC pulled up Commissioner Bhushan Gagrani, stayed his letters, and asked him to make arrangements from other sources.
Q3. Why are court staff exempt from election duty?
A3. To ensure uninterrupted judicial functioning and maintain independence, the High Court exempts its staff from civic poll duties.
Q4. Who clarified the mistake in the requisition letters?
A4. The commissioner, through his counsel Ravi Kadam, clarified that all letters summoning court staff have been withdrawn.
Disclaimer:
The information provided in this post is for educational and informational purposes only. Readers are advised to verify all updates and notifications directly from the Bombay High Court or official government sources. The author does not take responsibility for any discrepancies in reported news.
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