Calcutta High Court Modifies Order Lifting ECI's Restrictions On Motorbike Riding On Poll Day, Bans Group-Biking & Bike Rallies

The Calcutta High Court has modified a single bench order, which removed all restrictions imposed by the Election Commission of India on bike riding, bike rallies and pillion riding ahead of the second phase of the West Bengal polls to be held on 29th April.

Challenging the order, the ECI approached a division bench consisting of Justices Shampa Sarkar and Ajay Kumar Gupta.

The Bench observed that after hearing submissions on the need to ensure security and peaceful polling during the second phase, the earlier order required limited modification in the larger interest of free and fair elections.

Accordingly, Clause (a) of the Single Judge's order was substituted to read:

“No motorbike rally or biking in groups shall be allowed during polling day – 2 onwards.”

This means that from two days prior to polling, not only organised bike rallies but also coordinated group riding of motorcycles will remain prohibited.

The Division Bench clarified that all other portions of the Single Judge's order would remain unchanged, thereby preserving the relaxations granted to individual riders, family pillion travel for essential purposes, and exemptions extended to app-based delivery personnel, office-goers with valid identification and emergency travel.

Importantly, the appellate court also stated that the Single Judge's directions would remain confined to the 2026 election process, and clarified that the broader legal questions concerning the scope of the Election Commission's powers to regulate vehicular movement were kept open for future adjudication.

Background

The single bench was hearing a writ petition filed by Ritankar Das challenging orders dated April 20 and April 21, 2026 issued by the Chief Electoral Officer, West Bengal, restricting motorcycle riding and pillion travel from Polling Day minus 2 (P-2) till polling day.

The petitioner argued that the restrictions violated fundamental rights and lacked statutory backing under the Representation of the People Act, 1951 or any other law.

“In the name of free and fair poll, the authorities cannot pass a blanket restriction on the motorcycle riding,” the single bench had held.

Case: Chief Electoral Officer, West Bengal Vs. Ritankar Das & Ors.

Case No: MAT 771 of 2026

Click here to read order