The Calcutta High Court on Thursday came down heavily on the Election Commission over its decision to restrict the use of motorbikes in Bengal two days before the Assembly polls, calling the move excessive and asking whether it amounted to an abuse of power.
Justice Krishna Rao said citizens were being harassed by the restriction and questioned the basis for the order, which came into force just ahead of voting.
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HC asks poll body for clarification
The court has asked the poll body to file an affidavit on Friday explaining why the restrictions were imposed so close to the election.
The Election Commission, according to the report, may also place before the court any previous incidents involving bikers to support its decision. Justice Rao also told the Commission that the rights of ordinary citizens could not be taken away in this manner and suggested that, by the same logic, restrictions could even extend to cars.
EC order bars bike rallies, limits movement hours
The directive under challenge was issued by the Election Commission on Tuesday and said no bike processions would be allowed two days before the polls. It further allowed bikes to be used only between 6 am and 6 pm during that period, with no passenger permitted on the back seat.
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On polling day, bikes can be used within the same time window, but only for voting or urgent work. The order also exempted medical emergencies, family work, dropping or picking up children from school, social events and app-based cab and food delivery services. Those seeking exemption for other reasons must obtain written permission from the local police station.
The case was taken up by the high court after the Election Commission’s directive was challenged on Wednesday. The hearing was held on Thursday, and the matter will now return to court once the Commission submits its affidavit on Friday.
