HC strikes down EC curbs on using motorcycles in Bengal
Kolkata: The Calcutta high court ruled on Friday that the Election Commission of India (ECI) cannot impose a blanket restriction on commuting by motorcycles in West Bengal during the ongoing assembly elections, according to a copy of the order seen by HT.
The court said it failed to understand why the ECI imposed restrictions on riding motorcycles two days before the polls.
"In the name of free and fair poll, the authorities cannot pass a blanket restriction on motorcycle riding," the single bench of Justice Krishna Rao said in its order after hearing a petition filed by Ritankar Das, a lawyer.
Das argued that the restriction would affect profession duties of advocates like him who use motorcycles as primary mode of transport.
"The election is to be conducted on 29th April, 2026 but the respondent authorities imposed the restriction on motor cycle riding two days before until the date of the election," it added.
The court referred to the standard operating procedure (SOP) followed by the ECI and the Central armed paramilitary forces (CAPF) deployed in Bengal where the first of the two-phase elections was held on April 23 following the restrictions on motorcycles. The second and the last phase will be held in seven districts, including Kolkata, on April 29 before counting takes place on May 4.
"There is no provision either in the SOP or in the Representation of the People Act for imposing a restriction on motorcycle riding; on the other hand, there is a specific provision under clause 5.5.5 regarding checking of vehicles and persons," the order said.
"This Court finds that with regard to motor bike rally there is some justification to avoid any violence before 48 hours of the election or on the date of election but riding the motorcycle by any person, 48 hours before is not justifiable," said the order.
The court altered the ECI's directives and said :"Polling day-2 onwards: No motor bike rally shall be allowed."
"12 hours before the polling day, no pillion riding on the motor cycle shall be allowed except in the case of medical emergency/ family function or other essential requirements like dropping/picking of school children etc."
"Polling day: Family pillion riding on motor cycle shall be allowed from 6 a.m. to 6 p.m. for voting purpose and for other essential requirement like medical emergency/ family functions etc Exemption is given to the service providers such as Ola/ Uber/ Zomato/ Swiggy and similar other home delivery agencies and also to the office going ridders with proper identification," the order said.
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