WB Polls: Calcutta High Court Allows Bike Riding On Poll Day, Says EC Cannot Impose Blanket Restrictions In Name Of Free & Fair Polls

The Calcutta High Court on Friday modified restrictions imposed on motorcycle movement during the ongoing West Bengal Assembly elections, holding that authorities cannot impose a blanket restriction on motorcycle riding merely in the name of ensuring free and fair elections.Justice Krishna Rao observed that while the Election Commission enjoys wide powers under Article 324 of the Constitution to conduct elections, such powers must conform to existing law and cannot be exercised arbitrarily.“In the name of free and fair poll, the authorities cannot pass a blanket restriction on the motorcycle riding,” the Court held.The Court 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.Court's FindingsAt the outset, the Court rejected objections on maintainability under Article 329(b), holding that the petitioner was not challenging the election process itself, but only the legality of the administrative order imposing restrictions.On merits, the Court held that neither the Representation of the People Act, 1951 nor the Election Commission's Standard Operating Procedure (SOP) for the last 72 hours before polling specifically authorised a general restriction on motorcycle riding.Justice Rao noted that while Section 126 of the RP Act prohibits public meetings during the 48-hour silence period and Section 130 deals with canvassing near polling stations, neither provision permits such traffic restrictions.The Court further observed that the SOP already contains mechanisms such as NAKAS/checkpoints and vehicle checks, besides deployment of paramilitary and police forces.“This Court failed to appreciate why the respondent no. 3 has imposed restriction upon the riding of the motorcycle polling day-2 onwards,” the judgment recorded.The Court referred to Mohinder Singh Gill v. Chief Election Commissioner and reiterated that the Election Commission may exercise residuary powers where law is silent, but such powers must still operate in conformity with existing legal provisions.It also noted that broad powers under Article 324 cannot override statutory limitations.The Court accordingly modified the restrictions as follows:- No motorbike rallies from Polling Day minus 2 onward;- No pillion riding for 12 hours before polling day, except medical emergencies, family functions, school drop/pick-up and other essential requirements;- Family pillion riding allowed on polling day from 6 AM to 6 PM for voting and essential needs;- Exemptions continued for Ola/Uber/Zomato/Swiggy-type services and office-goers with valid ID.Appearances:Senior Advocate Bikas Ranjan Bhattacharyya appeared for the petitioner.Advocate General Kishore Datta appeared for the State.Senior Advocate D.S. Naidu appeared for the Election Commission of India.Case: Ritankar Das Versus The State of West Bengal and OthersCase No: WPA No. 9958 of 2026Click here to read order

WB Polls: Calcutta High Court Allows Bike Riding On Poll Day, Says EC Cannot Impose Blanket Restrictions In Name Of Free & Fair Polls

Srinjoy Das

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

WB Polls: Calcutta High Court Allows Bike Riding On Poll Day, Says EC Cannot Impose Blanket Restrictions In Name Of Free & Fair Polls

Srinjoy Das

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers