West Bengal elections: Calcutta HC modifies its order after appeal by poll body, says biking in groups not allowed

The Calcutta High Court on Monday expanded restrictions on motorcycle use during the ongoing West Bengal elections, directing that not only motorbike rallies but group riding on two wheelers will also be barred on polling day and two days prior to the polling day..Effectively, riding motorcycles in groups will not be allowed from April 27 to April 29. The second phase of West Bengal elections is scheduled to be held on April 29.A Division Bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta passed the order on an appeal filed by the Chief Electoral Officer (CEO) of West Bengal against an April 24 ruling of a single-judge. The Division Bench said that in the interest of ensuring security and peaceful casting of votes, the earlier directions required a limited modification. Accordingly, the Court ordered that clause (a) of the single- judge’s ruling be altered to read as follows:“No motorbike rally or biking in groups shall be allowed during polling day – 2 onwards.” The rest of the order passed by the single-judge was left unchanged..The single-judge had on April 24 held that the Election Commission of India (ECI) could not impose a blanket restriction on motorcycle riding in the name of conducting free and fair elections. The Court had set aside a notification issued by the CEO that effectively barred motorcycle use between 6 pm and 6 am in the days leading up to polling, except in limited circumstances..The single-judge had observed that while the ECI was justified in prohibiting motorbike rallies to prevent violence, a complete restriction on motorcycle movement lacked legal basis and disproportionately affected citizens, including professionals dependent on two-wheelers for daily commuting.At the same time, the single-judge had permitted a set of calibrated restrictions. These included a ban on motorbike rallies from two days before polling, limits on pillion riding in the 12 hours preceding polling (with exceptions for emergencies and essential activities), and regulated use of motorcycles on polling day for voting and other necessities. Exemptions were also allowed for service providers such as delivery personnel and office-goers with valid identification..In the appeal before the Division Bench, Senior Advocate Jishnu Chowdhury, appearing for the Chief Electoral Officer, emphasised the need for stricter controls to ensure peaceful polling during the second phase of elections, particularly in light of past incidents involving group mobilisation on motorcycles..Accepting this concern in part, the Division Bench expanded the scope of the restriction to include “biking in groups”, noting that such movement could potentially undermine law and order even if it did not formally qualify as a rally..Additionally, the Court clarified that its order would be confined to the 2026 West Bengal election and that it was not adjudicating broader legal questions regarding the extent of the ECI’s powers under Article 324 of the Constitution. Those issues, it said, were left open for consideration in appropriate cases..The Court also directed that all authorities and stakeholders act on the basis of the server copy of the order, which will be uploaded on the Election Commission’s website, ensuring immediate implementation ahead of polling.With this limited modification, the appeal and connected application by the CEO were disposed of..Senior Advocate Jishnu Chowdhury along with advoocate Sanskriti Agarwarl appeared for the Chief Electoral Officer (CEO) of West Bengal.Advocate General Kishore Datta, along with Additional Government Pleader Swapan Banerjee, and advocates Sunita Shaw and Soumen Chatterjee appeared for the State.Senior Advocate Bikash Ranjan Bhattacharyya with advocates Soumya Dasgupta, Siddhartha Sankar Mandal, Sattwik Majumder and Tanuta Guray appeared for the respondent No. 1.Advocates Sanchari Chakraborty and Sayari Barman appeared for the respondents.Advocate Subit Majumdar appeared for the Union of India..[Read Order]