Kolkata, April 27, 2026
The Calcutta High Court on Monday slightly modified its single-judge bench order on restrictions on the use of motorcycles ahead of the second and final phase of the Assembly elections in West Bengal.
A division bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta directed that not only motorbike rallies but group riding on two-wheelers will also be barred on polling day and two days prior to it.
Effectively, riding motorcycles in groups will not be allowed from April 27 to April 29.
The order came on an appeal filed by the Chief Electoral Officer (CEO) against an April 24 directive of a single-judge bench. The single-judge bench of Justice Krishna Rao had 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, as it set aside a notification issued by the CEO that effectively barred motorcycle use between 6 p.m. and 6 a.m. in the days leading up to polling, except in limited circumstances.
It had observed that while the ECI was justified in prohibiting motorbike rallies to prevent violence, a complete restriction on motorcycle movement lacked a legal basis and disproportionately affected citizens, including professionals dependent on two-wheelers for daily commuting.
At the same time, the single bench 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.
Hearing the CEO’s appeal, 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 no motorbike rally or biking in groups shall be allowed during polling day and two days prior to polling day. The rest of the order passed by the single judge was left unchanged.(Agency)
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