Gagrani admits 'mistake', recalls poll-duty orders
MUMBAI, Jan. 6 -- Following the Bombay High Court's orders to exempt court staff from election duties, the Brihanmumbai Municipal Corporation (BMC) commissioner Bhushan Gagrani, told the court on Monday that the letters to the court staff have been withdrawn. While the BMC claimed it had acted on a list supplied by the state government that allegedly included court staff, the court termed the issue "serious" and directed the civic body to make alternative arrangements.
Appearing before a division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad, Gagrani admitted that issuing the letters was a "mistake" and informed the court that a clarification had been sent to all concerned officials stating that court staff cannot be deployed for election-related work. The court, however, expressed strong displeasure over the commissioner's actions. "From where did you draw the power to call the court staff for duty? You don't have such powers," the judges remarked.
The issue stems from letters issued by the municipal commissioner, in his capacity as the district election officer, on December 22, directing subordinate court staff to report for election duty on December 30.
The Administrative Judges' Committee (AJC) of the Bombay High Court, on September 16, 2008, had resolved that the staff of the high court and subordinate courts are exempt from election duty.
Following the directive, the chief metropolitan magistrate informed Gagrani about the earlier high court decision and sought the exemption for court staff from poll duties. A similar communication was sent by the inspection registrar on December 26, which he declined.
The court took up the matter suo motu on December 30 and directed Gagrani to file an affidavit detailing legal powers under which he issued the directions.
Subsequently, during the hearing on January 5, senior counsel Ravi Kadam, appearing for Gagrani, informed the court that, following its order on December 30, the letters to the court staff have been withdrawn. While the BMC claimed it had acted on a list provided by the state government that allegedly included court staff, the court termed the issue "serious".
Further proceedings in the case will be held after three weeks, the bench noted....
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