The Calcutta High Court on Friday modified the Election Commission's (EC) order imposing a 48-hour restriction on bike movement ahead of the second phase of Assembly elections on April 29. The court scrapped the blanket ban on two-wheelers and limited restrictions on pillion riding to 12 hours on poll day.
As per the revised order, pillion riding will not be allowed from 6 am to 6 pm on voting day, except in specific situations such as taking or bringing back children from school, medical emergencies, or family functions. The court clarified that only family members would be permitted as pillion riders under these exceptions.
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'Blanket restriction not justified'
In his 11-page ruling, Justice Krishna Rao questioned the broader restriction imposed earlier. Per The Times of India, he stated, "In the name of free and fair polls, authorities cannot pass a blanket restriction on motorcycle riding."
The court, however, upheld the Election Commission's decision to ban motorcycle rallies for 48 hours before polling. Justice Rao noted, "This court finds that with regard to motorbike rallies there is some justification to avoid any violence before 48 hours of the election or on the date of the election, but riding the motorcycle by any person 48 hours before is not justifiable."
Exemptions for essential services
The order also retained exemptions for certain categories of riders. It stated that "exemption is given to service providers such as Ola/Uber/Zomato/Swiggy and similar other home delivery agencies and also to office-going riders with proper identification".
Earlier, a notification issued on April 20 had banned bike rallies for 48 hours and restricted two-wheeler movement between 6 pm and 6 am, allowing exceptions only in emergencies. Pillion riding had also been barred for 48 hours, before later revisions introduced limited exemptions.
Court questions EC's broad powers
While acknowledging the EC's authority, the court emphasised limits to its powers. It said, "There is no dispute that the EC has superintendence powers under the said provision for the purpose of election. However, it will have to conform to the existing laws and rules in exercising its power and performing its manifold duties for the conduct of free and fair elections."
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The court also pointed out that adequate security arrangements were already in place, noting the deployment of paramilitary forces and local police to prevent any untoward incidents during polling.
