BMC Commissioner Bhushan Gagrani told the Bombay High Court he had made a “mistake” in seeking court staff for election duty, after criticism for exceeding authority. The Bench warned him to “save” himself and find manpower elsewhere as directed.
MUMBAI: Today, Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani informed the Bombay High Court that he had committed a “mistake” by requisitioning court staff for election duty, after the court criticised him for exceeding his authority.
A Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad cautioned the commissioner to “save” himself and arrange manpower from other sources instead.
Last week, in a suo motu proceeding, the High Court stayed Gagrani’s letters directing subordinate court employees to report for civic election duties, questioning the legal basis of his actions. The Court also restrained the commissioner, in his capacity as district election officer, from issuing any further directives to the High Court or subordinate court staff for poll work.
The Bench asked how the commissioner could issue such communications.
The Court asked,
“From which provision do you (commissioner) draw powers? You cannot summon them. You don’t have the powers.”
Senior counsel Ravi Kadam, appearing for Gagrani, admitted that issuing the letters was an error on the commissioner’s part, confirming that “The letters have been withdrawn.”
The Bench then remarked, “Save yourself” and scheduled the matter for further hearing after three weeks,
It stated,
“So now save yourself. You make arrangements from other sources. We will hear you after the elections.”
Earlier, on December 22, 2025, Gagrani had issued a directive asking subordinate court staff to report for election duty.
However, the chief metropolitan magistrate informed both the commissioner and the Mumbai city collector that the High Court had already taken an administrative decision exempting such staff from election duties. A similar communication was sent by the Registrar (Inspection) reiterating the High Court’s stance.
Despite this, on December 29, the commissioner issued another letter to the chief judicial magistrate, conveying that the exemption request had been declined.
The Bombay High Court convened an urgent late night hearing at the Chief Justice’s residence to address serious concerns about court staff being directed to serve in the upcoming Brihanmumbai Municipal Corporation (BMC) elections.
In its order, the Court restrained Municipal Commissioner and District Election Officer Bhushan Gagrani from acting on his December 29 communication denying exemption to judicial staff, as well as from implementing any directions compelling them to perform election duties.
Taking suo motu cognizance, a Division Bench headed by Chief Justice Shree Chandrashekhar and Justice Ashwin D. Bhobe examined the December 22 notice that had been sent directly to subordinate court employees, requiring them to appear for election duty on December 30 between 3 PM and 5 PM.
The Court also categorically prohibited the BMC from issuing any letters or communications to High Court or subordinate court personnel for the purpose of assigning them election-related responsibilities, ensuring that judicial staff are not requisitioned for poll work.
Gagrani’s counsel clarified that ,following last week’s High Court order, instructions were issued to ensure that court staff were not summoned.
Although one returning officer subsequently wrote to the sheriff’s office seeking two staff members for poll duty, that situation was also corrected, Kadam added.
The High Court noted last week that the In-charge Chief Metropolitan Magistrate, Esplanade, Mumbai had earlier sought exemption for judicial staff by relying on a 2008 decision of the Administrative Judges’ Committee and a 2009 general order issued by the High Court.
Despite another representation from the Registrar (Inspection II) on December 26 enclosing the same general order, the Municipal Commissioner nevertheless proceeded to issue his December 29 communication declining exemption.
The Court stated that Article 235 of the Constitution vests the High Court with full authority and supervisory control over subordinate courts and their personnel.
It further referred to Articles 243K and 243ZA, along with Section 159 of the Representation of the People Act, observing that while multiple authorities have the power to requisition staff for election duties, High Courts and subordinate courts are not among the bodies specified under Section 159(2).