Calcutta High Court barred motorbike rallies and group riding during West Bengal polls to maintain order. Bench of Shampa Sarkar and Ajay Kumar Gupta expanded restrictions citing law and order concerns.
The Calcutta High Court expanded restrictions on the use of motorcycles during the ongoing West Bengal Assembly elections, directing that not only motorbike rallies but also group riding on two-wheelers would be prohibited in the run-up to polling. The order comes amid heightened concerns over maintaining public order during elections, where motorcycles have often been used for mobilization and, at times, intimidation.
The order was passed by a Division Bench comprising Justice Shampa Sarkar and Justice Ajay Kumar Gupta while hearing an appeal filed by the Chief Electoral Officer (CEO) of West Bengal against an earlier decision of a single judge. The appellate bench noted that only a limited modification to the prior order was necessary in the interest of maintaining law and order.
Modifying the earlier directions, the Court observed:
“we are of the view that justice would be sub served if the order of His Lordship dated April 20, 2026 is modified to the extent that under Clause „a‟ of the order, after bike rally, riders in groups be inserted. Clause „a‟ of the order will read as follows:- “No motorbike rally or biking in groups shall be allowed during polling day – 2 onwards.”
At the same time, the Bench made it clear that all other aspects of the single judge’s ruling would remain intact, stating:
“The rest portion of His Lordship‟s order remains unaltered.”
The Court clarified that the restriction would apply on the polling day as well as the two preceding days. Consequently, group riding on motorcycles will not be permitted from April 27 to April 29, with the second phase of polling scheduled for April 29. The measure is aimed at ensuring a peaceful electoral environment and preventing any potential misuse of mobility during the sensitive pre-poll period.
Background of the Dispute:
The background to the dispute lies in an April 24 order of the single judge, who had partially struck down a notification issued by the Election Commission of India (ECI) through the CEO. The notification had imposed sweeping restrictions on motorcycle usage, including a ban between 6 pm and 6 am in the days leading up to polling.
The single judge held that such blanket restrictions lacked legal backing and disproportionately affected ordinary citizens, particularly those dependent on two-wheelers for daily commuting.
The single Judge observed,
“This Court failed to appreciate why the respondent no. 3 has imposed restriction upon the riding of the motorcycle polling day-2 onwards. In the name of free and fair poll, the authorities cannot pass a blanket restriction on the motor cycle riding,”
However, the single judge had permitted certain calibrated restrictions, such as banning motorbike rallies two days before polling, regulating pillion riding in the hours leading up to voting, and allowing limited use of motorcycles for essential purposes and by service providers.
In the appeal, Senior Advocate Jishnu Chowdhury, appearing for the CEO, argued that stricter measures were necessary in light of past incidents where groups used motorcycles for coordinated mobilisation that could disrupt public order.
Division Bench Order:
The Division Bench accepted this concern to a limited extent and expanded the restriction to include “riders in groups,” noting that such activity could pose risks even if it did not formally qualify as a rally.
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Importantly, the Court clarified that its ruling was confined to the specific context of the 2026 West Bengal elections and did not settle broader constitutional questions regarding the scope of the ECI’s powers under Article 324. Those issues, the Court noted, remain open for adjudication in appropriate cases.
To ensure immediate enforcement, the Bench directed that all authorities act on the server copy of the order once uploaded on the ECI’s official website.
The Order Noted,
All parties including the persons who are required to use their motorcycle during this period as also the authority shall act on the basis of the server copy of this order and server copy of this order as also the order of the learned single Judge will be uploaded in the website of the Election Commission.
With this limited modification, the appeal filed by the CEO and the connected application were disposed of.
Case Title: Chief Electoral Officer, West Bengal Vs. Ritankar Das & Ors.
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