In a significant development, the Commissioner of the Brihanmumbai Municipal Corporation (BMC), Bhushan Gagrani, informed the Bombay High Court on Monday that the controversial move to requisition subordinate court staff for upcoming civic poll duty stemmed from an "inadvertent misreading" of an order issued by the State Election Commission (SEC). The admission came during a special vacation hearing of the court.
Court Stays Order, Seeks Replies
The High Court bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, promptly stayed the commissioner's December 22 order that had summoned the court staff for election duties. The bench has sought detailed replies from both Commissioner Gagrani and the State Election Commission, adjourning the matter for three weeks and posting it for further hearing on January 5.
Representing the BMC chief, senior counsel Ravi Kadam argued before the court that the action was a result of "an inadvertent misinterpretation" of a list prepared by the state government for poll duty. In his affidavit, Commissioner Gagrani conceded that he ought to have been more prudent in segregating government staff from judicial staff when making the requisition.
Questioning of Legal Powers and Staffing Shortfall
The judges sharply questioned the legal basis of the civic chief's action. "From which provision do you draw powers? You cannot summon them. You don't have the powers," the bench stated orally. They further pressed, "Is there any defence that you have apart from accepting your mistake?"
The BMC's submission to the court highlighted a significant logistical challenge. For the civic polls, likely in 2026, the corporation faces a major staff shortage compared to the 2017 elections. This year, there are 10,231 election centres, a sharp increase from 7,200 centres in 2017. However, the BMC's current staff strength stands at 87,000, markedly lower than the 1,05,269 employees it had in 2017.
The total staff requirement for the polls is estimated at 79,989, which includes 51,155 personnel for booth duty (at a ratio of five staff per booth) and additional staff for flying squads and other election-related work. So far, the BMC has deployed 24,841 of its own staff for poll duty, creating a substantial deficit.
Legal Ambiguity and Pending Clarification
The State Election Commission, represented by advocate Sachin Shetye, clarified in its reply that the provisions of the Representation of the People Act, 1951, do not apply to local body elections. These elections are conducted under state legislature-enacted local Acts. The SEC pointed out that in the absence of a separate provision governing staff requisition, it operates under guidelines issued in 1995 and amended in 2018.
The High Court, in its hearing on December 30, had referred to a 2008 decision of the administrative judges committee and a 2023 communication from the Election Commission of India that advocated for exempting court staff from such duties. Recognizing the absence of a final judicial verdict on this specific issue, the High Court stated that in its final order, it would clarify the law and lay down explicit parameters for the requisitioning of court staff for election duty, providing much-needed legal guidance for future polls.
