##PAGE1##

Suo moto WP-4-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

Digitally

signed by

BALAJI

B GA OL VA INJI DRAOG PAO NV CIN HD AR LAO SUO MOTO WRIT PETITION NO. 4 OF 2025

PANCHAL Date:

2025.12.31

14:08:27

+0530

In Re : Order dated 29^th December 2025 passed by the Municipal

Commissioner, Brihanmumbai.

Ms. Jyoti Chavan, Addl. Govt. Pleader for the State.

Ms. Komal Punjabi a/w Mr. Joel Carlos, Advocate for the BMC.

Mr. Sachindra Shetye, Advocate for State Election Commission.

Mr. Suryakrishnamurthy, Officer of State Election Commission.

Mr. Suresh Kakani, Secretary, State Election Commission,

Maharashtra.

Mr. Vinod R. Patil, In-Charge Chief Judicial Magistrate, Esplanade,

Mumbai.

CORAM : SHREE CHANDRASHEKHAR, CJ &

ASHWIN D. BHOBE, J

DATE : 30^th DECEMBER 2025.

(The Court is convened at the residence of Hon’ble the Chief Justice

of Bombay High Court.)

P.C. :

This Court has been convened in view of the urgency in the

matter when the records were produced by the Registry before one of

us (Chief Justice) in the afternoon.

2. Accordingly, necessary instructions were issued for intimating

the learned Advocate General, the learned counsels for the State

Election Commission, BMC and Election Commission of India about

sitting of the Court at 08:00 p.m. today.

3. The Registrar was informed that the learned Advocate General

is travelling and in his place Ms. Jyoti Chavan, the learned

1/6

Panchal

Suo moto WP-4-2025.doc

Additional Govt. Pleader appeared for the State of Maharashtra.

4. When this Court assembled at around 08:00 p.m., Ms. Komal

Punjabi, the learned counsel for the BMC sought a brief

adjournment for seeking instructions in the matter.

5. It was on 16^th September 2008 that a decision was taken in

the meeting of the Administrative Judges’ Committee of the High

Court of Bombay that the staff of the High Court and the

subordinate Courts is exempted from the election duty. It was

further resolved and decided in the said meeting of the

Administrative Judges’ Committee that no information regarding the

staff of the subordinate Court, if sought from the Principal Judge,

City Civil and Sessions Court Bombay shall be provided to any

authority. Under Article 235 of the Constitution of India, the High

Court exercises complete control and superintendence over the

subordinate Courts including the staff. It was in the light of the

Consitutional provisions pertaining to the High Court under

Chapter V and subordinate Courts under Chapter VI that the

aforementioned decision seems to have been taken by the

Administrative Judges’ Committee on 16^th September 2008.

6. The State Election Commission constituted under Article

243-K, may request the Governor of State to make available to the

State Election Commission such staff as may be necessary for the

discharge of functions conferred on the State Election Commission

under Clauses (1) and (2) of Article 243K. Clause (4) provides that

the Legislature of the State may by law make provision for all

matters relating to or in connection with elections to the Panchayats

(in this case Municipalities). Under Article 243 ZA, the

superintendence and control of the preparation of electoral rolls for

and the conduct of all the elections to the Municipalities shall be

2/6

Panchal

Suo moto WP-4-2025.doc

vested in the State Election Commission referred to under Article

243K. Clause (2) further provides that the Legislaure of the State

may by law make provision with respect to all matters relating to or

in connection with elections to the Municipalities. We may further

refer to Section 159 of the Representation of People’s Act, 1951

captioned as “staff of certain authorities to be made available for

election work”. Section 159 provides that the authorities specified in

sub-section (2) shall when so requested by a Regional Commissioner

appointed under Clause (4) of Article 324 or the Chief Electoral

Officer of the State, make available to any Returning Officer such

staff as may be necessary for the performance of any duties in

connection