Calcutta HC strikes down EC's no-bike order, says no to blanket restriction

The Calcutta High Court has provided significant relief to voters and commuters in West Bengal by overturning the Election Commission of India's (ECI) blanket restriction on motorcycle riding. Justice Krishna Rao’s bench ruled that an absolute prohibition, specifically targeting night-time riding, was unjustifiable and lacked a sufficient legal basis. The court emphasized that while the Election Commission holds wide powers to ensure free and fair elections, such authority does not extend to imposing sweeping bans that impede the fundamental movement of citizens.

While the blanket ban on general riding has been removed, the Court upheld specific, reasonable restrictions to maintain public order. Bike rallies are strictly prohibited starting two days before the polling date to prevent potential violence and intimidation. Furthermore, for pillion riding, the court mandated that such activity is restricted 12 hours before polling, with significant exceptions made for medical emergencies, essential family functions, and the transportation of school children.

The ruling brings clarity and convenience to daily life, explicitly exempting delivery service providers such as Ola, Uber, Zomato, and Swiggy from the pillion bans, provided they carry proper identification. Office-goers are also granted similar exemptions to ensure their work-related travel remains uninterrupted. By distinguishing between disruptive political bike rallies and essential day-to-day motorcycle usage, the High Court has sought to balance electoral security with the public's right to mobility.