High Court pauses poll panel's order seeking Charity Commissioner's staff for poll duty

 High Court pauses poll panel's order seeking Charity Commissioner's staff for poll dutyThe bench sought to know from the authorities, according to rules, who really has the power to requisition judicial officers. The authorities will have to come back to court with answers on March 5.

The bench of Chief Justice DK Upadhyaya and Justice Arif Doctor was hearing a petition filed by the Charity Commissioner stating that the commission cannot function and the pendency of cases will only increase if its staff is requisitioned for election purposes by the Election Commission.

The bench, after hearing both sides, said that considering the “duty performed by the office of the Charity Commissioner, which is judicial in nature, we provide that till the next date of listing of the petitions, any order passed or notice issued requisitioning staff of the Charity Commissioner shall not be acted upon”.

The bench has also sought clarification from the Election Commission on whether any exercise was undertaken to ascertain the number of staff required for the election duty. This was after Advocate Harshad Bhadbhade, appearing for the Charity Commissioner, said, “My staff goes there, has a cup of tea and comes back.”

The bench sought to know from the authorities as to, according to rules, who really has the power to requisition judicial officers. The authorities will have to come back to court with answers on March 5.

The plea filed by the Charity Commissioner sought quashing of the letter by the Collector and Election Commissioner by which the Charity Commissioner's staff had been sought for upcoming election duty in the state. The plea also sought de-requisitioning of the staff so the Charity Commissioner's work does not get affected.

Earlier this week, while seeking an urgent hearing, Bhadbhade had pointed to the requisition letter, which allegedly directed that if the process is not completed then action would be taken by the Worli police station. "Look at the way they threaten the Charity Commissioner whose post is equivalent to that of a Principal District Judge," Bhadbhade had submitted.

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