Bombay HC stays Mumbai electoral officers' requisitioning of Charity Commission staff for poll duty

MUMBAI: Bombay high court on Friday stayed till March 5, notices and orders issued by electoral registration officers in Mumbai requisitioning one-third staff of the Maharashtra Charity Commission for poll duty in the ensuing parliamentary elections. The HC division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor asked the Election Commision of India (ECI) to point out the statutory provisions that permit the State Election Officer (SEO) --who is the authorised officer under the Representation of People Act-- to delegate powers for such requisition requests to subordinate officials.

The HC was hearing a PIL filed last year by the Mumbai Charity Advocates Bar Association and a petition filed on Thursday by the Charity Commissioner himself to challenge the staff requisition. Surel Shah and R D Soni counsel for CC and Association respectively said a balance needs to be struck in ordering staff for poll duty, as the quasi judicial work of the Commission would otherwise come to a halt and affect the rights of the public.

“No doubt staff of the Commission can be requisitioned under section 159 of the Act, the requisition has to be made necessarily by the empowered authority, unless there is some legally permissible delegation,’’ said the CJ dictating the order. He added, “We cannot pass any order requiring the Charity Commission or for that matter any other office to make available its staff,’’

The HC noted that though the law empowers requisitioning, “only that much staff as is required can be sought.’’ The HC after hearing the ECI counsel said it is also not known at the moment whether any exercise was done to assess the demand. Pradeep Rajgopal said he needs instructions as he got the petition last night.

“Taking into account the nature of duties being performed by Charity Commission which are judicial and quasi judicial, till next date any requisition made or any order passed or notice issued shall not be acted upto,’’ the HC ordered. The HC noted that on Thursday the court was told that police were going to take action for non compliance. The office of the Charity Commission is headed by a Judicial Officer.

Explore the yearly horoscope 2025 for Aries, Taurus, Gemini, Cancer, Leo, Virgo, Libra, Scorpio, Sagittarius, Capricorn, Aquarius, and Pisces zodiac signs. Spread love this holiday season with these New Year wishes, messages and quotes.