The Calcutta High Court on Friday struck down the Election Commission's 48-hour ban on two-wheeler movement for the second phase of assembly elections scheduled on April 29. The court ruled that pillion riding would be permitted for 12 hours on polling day, from 6am to 6pm, but only for specific purposes such as taking or bringing back children from school, medical emergencies, or family functions.
Court's Ruling on Motorcycle Rallies
However, the court did not interfere with the 48-hour prohibition on motorcycle rallies. In his 11-page order, Justice Krishna Rao stated, "In the name of free and fair polls, authorities cannot pass a blanket restriction on motorcycle riding." The high court made it clear that only family members would be allowed to ride pillion, and only for voting, medical emergencies, or family functions during the specified hours.
Exemptions for Service Providers and Office-Goers
The order also granted exemptions to service providers such as Ola, Uber, Zomato, Swiggy, and similar home delivery agencies, as well as office-going riders with proper identification. Justice Rao noted that while there was justification for banning motorcycle rallies 48 hours before elections to prevent violence, a blanket ban on all motorcycle riding was not justifiable.
Background of the EC Notification
The Election Commission had issued a notification on April 20 banning bike rallies for 48 hours and restricting two-wheeler movement from 6pm to 6am, except in emergencies. The initial order also prohibited pillion riding for 48 hours, again with exceptions for emergencies. Following criticism, the EC modified the order to exempt service providers like Ola, Uber, Zomato, Swiggy, and similar home delivery agencies, as well as office-goers carrying proper identity cards.
Court's Observations on EC's Powers
The high court observed that while the EC has superintendence powers under the relevant provisions for conducting elections, it must conform to existing laws and rules. The court did not accept the EC's argument that it had wide powers to ensure free and fair polls, pointing out that several paramilitary forces and local police had already been deployed to prevent untoward incidents during the election.
