KOLKATA: The Calcutta High Court on Friday ruled that the Election Commission of India (ECI) cannot impose blanket restrictions on motorcycle commuting in West Bengal during the ongoing Assembly elections, according to a copy of the order seen by HT.
The court said it did not understand why the Election Commission of India imposed restrictions on riding motorcycles two days before the elections.
“In the name of free and fair elections, the authorities cannot impose blanket restrictions on riding motorcycles,” the single bench of Justice Krishna Rao said in its order after hearing a plea filed by advocate Ritankar Das.
Das argued that the restriction would affect the professional duties of advocates like him who use motorcycles as their primary means of transportation.
She added: “The elections are scheduled to be held on April 29, 2026, but the responsive authorities imposed restrictions on riding motorcycles two days before the election date.”
The court cited the standard operating procedures (SOP) followed by the Election Commission of India and the Central Armed Paramilitary Forces (CAPF) deployed in Bengal where the first two-phase elections were held on April 23 following restrictions on motorcycles. The second and final phase will be held in seven districts, including Kolkata, on April 29 before the votes are counted on May 4.
“There is no provision either in the Standard Operating Procedure (SOP) or the Representation of the People Act to impose restrictions on riding of motorcycles; on the other hand, there is a specific provision under Section 5.5.5 with regard to screening of vehicles and persons,” the order said.
“This court is of the view that with regard to motorcycle rally, there is some justification to avoid any violence 48 hours before the election or on the date of the election, but riding of a motorcycle by any person 48 hours before is not justified,” the order said.
The court changed the Election Commission of India’s directions and said: “Polling on second day onwards: No motorcycle rally will be allowed.”
“12 hours before polling day, rear seat riding on motorcycle is only permitted in case of medical emergency/family function or other essential requirements like dropping/picking up school children etc.”
“Voting day: Family pillion riding on a motorcycle is permitted from 6 am to 6 pm for the purpose of voting and for other essential requirements like medical emergencies/family functions etc. Exemption is given to service providers like Ola/Uber/Zomato/Swiggy and similar home delivery agencies and also to office commuters having proper ID,” the order said.
