Overview
- In a late-night sitting at the Chief Justice’s residence, a bench of Chief Justice Shree Chandrashekhar and Justice Ashwin Bhobe stayed the municipal commissioner’s December 22 and 29 communications to subordinate court staff.
- The order restrains commissioner Bhushan Gagrani, also the district election officer, from issuing any further directions to High Court or subordinate court staff for election work.
- The court directed Gagrani to file a personal affidavit detailing the statutory basis for his directions and sought affidavits from the Election Commission of India, the State Election Commission, and the Maharashtra government.
- The bench cited a September 2008 administrative decision exempting judicial staff from poll duty, its supervisory authority under Article 235, and a March 2024 ruling limiting election authorities from compelling staff of judicial or quasi-judicial bodies.
- The State Election Commission conveyed that it generally does not requisition court staff, and the court noted a June 7, 2023 ECI advisory to obtain prior High Court approval in exceptional cases, with the matter slated for January 5 and civic polls on January 15.