Bombay High Court Halts Deputation of Charity Commissioner Staff for Election Duties

The Bombay High Court has put a temporary hold on the deployment of staff from the office of the Charity Commissioner in Mumbai for election duties.

Key Points:

• Reason for Stay: The court ruled that the Electoral Registration Officers (EROs) who issued the deployment orders lacked the authority to do so. As per law, only specific authorities like the Regional Commissioner or the Chief Electoral Officer can requisition staff for elections.
• Petitioner: The petition challenging the deployment orders was filed by Amogh Kaloti, the current Charity Commissioner of Mumbai.
• Concerns of the Commissioner: Kaloti expressed concerns about the impact on the functioning of his office, already facing a staff shortage. With only 132 staff members for 226 positions, deploying 36 for elections, and potentially 16 more, would significantly hamper their ability to fulfill their duties.
• Role of the Charity Commissioner: Established under the Maharashtra Public Trusts Act, 1950, the Charity Commissioner's office plays a vital role in administering public trusts in Mumbai.
• Arguments Presented: While Kaloti argued that his office, being under the High Court's jurisdiction, is exempt from staff requisitioning, the court clarified that judicial officers on deputation with the government can be requisitioned.
• Next Steps: The court has directed the Election Commission to:
  • Produce documents showing delegation of power to EROs for staff requisitioning (if any).
  • Explain the rationale behind the requested number of staff and how it aligns with the Charity Commissioner's office's capacity to avoid infringing on fundamental rights.
• Next Hearing: The case will be heard again on March 5, 2024.

Overall, this case highlights the importance of following proper procedures for staff deployment during elections while ensuring the smooth functioning of essential government offices.