Mumbai, January 5: The Bombay High Court on Monday sharply criticized Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani for overstepping his authority by requisitioning court staff for upcoming civic election duties. Following the court's intervention, Gagrani admitted the move was a "mistake" and confirmed that all such directives have been formally withdrawn.

A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad questioned the legal basis of Gagrani’s directives. The bench emphasized that the BMC chief, acting as the district election officer, lacked the constitutional power to summon judicial employees. Bombay High Court Orders INR 6 Lakh Compensation for Pothole and Open Manhole Deaths in Maharashtra, Says 'No Justification for Bad Roads in a City Like Mumbai'.

"From which provision do you draw powers? You cannot summon them. You don't have the powers," the bench remarked during the hearing. Senior counsel Ravi Kadam, representing the commissioner, acknowledged the error in judgment. He informed the court that the controversial letters had been rescinded and that clarifying notes had been sent to all relevant officers.

The dispute began on December 22, 2025, when Gagrani issued letters ordering staff from subordinate courts to report for election duty. This occurred despite an administrative decision by the High Court specifically exempting judicial staff from such assignments. Maharashtra Municipal Corporation Elections 2026.

Even after the Chief Metropolitan Magistrate and the Registrar (Inspection) notified the BMC of this exemption, the commissioner issued a follow-up letter on December 29 declining the request for exemption. This prompted the High Court to take suo motu (on its own motion) action last week to stay the orders.

The High Court highlighted that under Article 235 of the Constitution of India, the High Court maintains complete administrative control and superintendence over subordinate courts and their staff.

A standing decision by the High Court’s Administrative Judges' Committee, dating back to September 2008, explicitly prohibits the drafting of court personnel for election duties to ensure the uninterrupted functioning of the judiciary.

Next Steps for the BMC

The court has now restrained the BMC from issuing any further communications to court staff regarding election duties, instructing the commissioner to find personnel from other government sources. "Save yourself now. You make arrangements from other sources. We will hear you after the elections," the bench noted, adjourning the matter for three weeks.

(The above story first appeared on LatestLY on Jan 05, 2026 03:15 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).