Overview
- In a late-night sitting at the chief justice’s residence, the bench took suo motu cognisance of the BMC’s December 22 letter directing subordinate court staff to report for duty on December 30.
- The judges stayed the communication and restrained the municipal commissioner, as district election officer, from issuing any further requisitions to court staff.
- The court cited a 2008 High Court committee resolution exempting judicial staff from election work and its supervisory control over subordinate courts under Article 235.
- Municipal commissioner Bhushan Gagrani was ordered to file a personal affidavit explaining his legal authority after the bench refused BMC’s request to withdraw the letters.
- Affidavits were also sought from the ECI, Maharashtra’s SEC and the state government before a January 5 hearing, with the SEC stating it normally does not requisition court staff.