The Calcutta High Court on Friday struck down the Election Commission’s blanket48-hour ban on motorcyclemovement ahead of the second phase of assembly elections on April 29, calling the restriction unjustified. While the court allowed limited restrictions on poll day, it made it clear that a complete prohibition on bike movement could not be imposed in the name of ensuring free and fair elections.
In his 11-page order, Justice Krishna Rao said, “In the name of free and fair polls, authorities cannot pass a blanket restriction on motorcycle riding.” The court ruled that while concerns around maintaining law and order were valid, a total ban on movement was excessive.
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It added, “This court finds that about 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.”
However, the court did not interfere with the 48-hour ban on motorcycle rallies, acknowledging the need to prevent potential violence linked to large gatherings.
The court allowed a 12-hour restriction on pillion riding from 6 am to 6 pm on poll day, with specific exemptions. It clarified that only family members would be permitted to ride pillion for purposes such as voting, medical emergencies, or family functions.
The order also 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”.
Responding to the Election Commission’s argument on its broad powers, the court observed, “There is no dispute that the EC has superintendence powers under the said provision for 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.”
The court further noted that adequate security arrangements were already in place, including deployment of paramilitary forces and local police, reducing the need for sweeping restrictions.
Sudhanshu Mishra is a Senior Copy Editor at Times Now. While his day-to-day work centres on news, his writing interests lie in the intersections of cu...View More
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