The Calcutta High Court on Friday scrapped the Election Commission's 48-hour bike ban order for the April 29 phase-2 poll, ruling that pillion riding will not be allowed on two-wheelers for 12 hours on polling day, except for dropping or picking children from school, medical emergencies, or family functions.
Court's Ruling on Motorcycle Rallies
The High Court did not interfere with the 48-hour ban on motorcycle rallies. Justice Krishna Rao, in his 11-page order, stated: "In the name of free and fair poll, the authorities cannot pass a blanket restriction on motorcycle riding." The court made it clear that on April 29, from 6 am to 6 pm, only family members are allowed for pillion riding solely for voting, medical emergencies, or family functions.
Exemptions for Service Providers
The HC order also clarified that "exemption is given to the service providers such as Ola/Uber/Zomato/Swiggy and similar other home delivery agencies and also to the office-going riders with proper identification."
Background of the Ban
Earlier, on April 20, a notification banned bike rallies for 48 hours and barred two-wheelers from 6 pm to 6 am, except for emergencies. The order also banned pillion riding for 48 hours, again except for emergencies. After criticism, this was modified to exempt service providers like Ola/Uber/Zomato/Swiggy and similar home delivery agencies, as well as office-going riders with proper identity cards.
Court's Observations on EC Powers
The HC stated: "There is no dispute that the Election Commission of India is having superintendence powers... for the purpose of election. However, the Election Commission of India 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 election."
The court did not accept the EC's argument that it has wide powers to conduct "free and fair polls," pointing out "that several paramilitary forces as well as local police have been deputed." The HC also said that although the EC "relied upon Section 324(1) of the Constitution of India wherein superintendence power has been given to it, they failed to justify under which circumstances and which provisions of law, they imposed the conditions."
On Thursday, the HC had slammed the EC for imposing a 48-hour curb on bikes in Kolkata and South 24 Parganas from 6 pm on April 27 until polls end on April 29.
