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Admitting it was a "mistake" to overstep his jurisdiction, Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani connected Monday (January 5, 2026) informed Bombay High Court that helium withdrew directives that had asked subordinate tribunal unit to study for predetermination duty.
This determination followed a beardown reprimand from the court, which questioned the ineligible ground for Mr. Gagrani's actions.
A part Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad advised the civic main to "save himself" and find alternate unit for the upcoming polls.
The full contention began successful precocious December 2025, erstwhile the Commissioner, acting arsenic the District Election Officer, issued letters ordering unit from Mumbai's subordinate courts to study for predetermination work contempt a missive from the Chief Metropolitan Magistrate and the Registrar (Inspection) informing that the High Court had already taken an administrative determination to exempt tribunal staff.
Despite a wide directive, the Commissioner changeable disconnected different missive to the Chief Judicial Magistrate connected December 29, informing that the petition for exempting the unit of the subordinate courts had been declined, a determination that prompted the High Court to instrumentality a suo motu (on its ain motion) action.
"From which proviso bash you gully powers? You cannot summon them. You don't person the powers," the Bench asked the BMC Commissioner connected Monday (January 5, 2026).
Senior counsel Ravi Kadam, representing Mr. Gagrani, admitted that the directives were an mistake and informed the tribunal that they had been formally withdrawn.
He besides informed the tribunal that a missive from a returning serviceman to gully unit from the sheriff's bureau had besides been withdrawn.
Seemingly unimpressed by the persistence of the civic body, the tribunal said, "So present prevention yourself. You marque arrangements from different sources. We volition perceive (from) you aft the elections."
The High Court held a peculiar proceeding connected December 30 and stayed Mr. Gagrani's letters directing the unit of subordinate courts to study for civic polls duty, questioning his powerfulness and jurisdiction.
It had besides restrained the BMC Commissioner, acting arsenic the District Election Officer, from issuing immoderate letter/communication to the unit of the High Court oregon subordinate courts requisitioning their services for predetermination duty.
On December 22, 2025, the Commissioner issued a missive to the unit of each subordinate courts successful the metropolis directing them to study for predetermination duty.
The aforesaid day, the Chief Metropolitan Magistrate informed the Commissioner and the Mumbai metropolis collector that the High Court had taken an administrative determination regarding unit members of subordinate courts and made a petition to exempt them from predetermination duty.
A akin connection was sent by the Registrar (Inspection) informing the civic main astir the administrative bid passed by the High Court.
Despite this, the Commissioner, connected December 29, issued a missive to the Chief Judicial Magistrate, intimating that the petition for exempting the unit of the subordinate courts had been declined.
On Monday (January 5, 2026), the Commissioner's counsel said that aft the High Court bid of past week, the Commissioner wrote to each officers clarifying that tribunal unit cannot beryllium summoned.
"However, adjacent aft that, 1 returning serviceman wrote a missive to the sheriff's bureau requisitioning 2 unit for canvass duty. But that is besides rectified now," Mr. Kadam told the court.
The High Court, successful its bid of past week, noted that successful September 2008, the High Court's Administrative Judges' Committee had made a determination that the unit of the High Court and each subordinate courts would beryllium exempted from predetermination duty.
Under Article 235 of the Constitution of India, the High Court exercises implicit power and superintendence implicit the subordinate courts, including staff, and based connected this, the bid exempting tribunal unit from canvass work was passed.
