Poll duty: No HC relief for deputy collectors

“Government servants are paid for the job and… when told to do election duty it is not double duty, but an important part of their service towards the society,” said the Bombay High Court, while rejecting the plea by 36 deputy collectors who sought to be exempted from civic election duty.

“If the state government, who is your employer, does not have any objection, then why are you complaining?” asked a division bench of justice SB Bobde and justice MR Bhatkar on Thursday.

The bench added that the court will not comment on administrative issues.

The observations came after advocate Sachindra Sheteye appearing for the state election commission (SEC) informed the court that “these [deputy collectors] are qualified persons and their services are required because of their past experience as returning officers.”

The deputy collectors had moved the high court seeking direction to the SEC to not put them on election duty for the Brihanmumbai Municipal Corporation (BMC).

The 36 deputy collectors claimed that when they have to work as returning officers, their work suffers. “They are told to work even in the Mira Road municipal council elections,” argued advocate Mihir Desai, appearing for the officials.

“The assistant municipal commissioners have been conducting the BMC elections for years. But, in 2007, the state roped in deputy collectors as returning officers. This can be stopped.”

The BMC had opposed the plea saying: “During assembly polls, BMC staff is employed. So, why can’t the officials work during civic elections?”

The bench replied: “It may not be proper to use the entire BMC staff as the civic body work should not be affected.”