Calcutta HC changes EC’s 48-hour ban order on bike movement to 12 hours

KOLKATA: The Calcutta high court on Friday scrapped the Election Commission’s 48hour bike ban order for the second phase of assembly elections on April 29 and said pillion riding would not be allowed on two-wheelers for 12 hours on poll day, unless it was for taking or bringing back children from school, medical emergencies or family functions. The court, however, did not interfere with the 48-hour ban on motorcycle rallies.

In his 11-page order, Justice Krishna Rao said, “In the name of free and fair polls, authorities cannot pass a blanket restriction on motorcycle riding.” HC made it clear only family members would be allowed to ride pillion only for voting, medical emergencies or family functions from 6am to 6pm on poll day.



The order also made it clear that “exemption is given to service providers such as Ola/Uber/Zomato/Swiggy and similar other home delivery agencies and also to office-going riders with proper identification”.

Justice Rao said, “This court finds that with regard to motorbike rallies there is some justification to avoid any violence before 48 hours of the election or on the date of the election, but riding the motorcycle by any person 48 hours before is not justifiable.”

A notification on April 20 banned bike rallies for 48 hours and barred two-wheelers from 6pm to 6am, except in 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”. An exception was also given to “office-going riders carrying a proper identity card”.

HC said, “There is no dispute that the EC has superintendence powers under the said provision for the purpose of election. However, it 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 elections.”

It did not buy EC’s argument that it had wide powers to conduct “free and fair polls”, pointing out “several paramilitary forces as well as the local police have been deputed so that no untoward incident happens during the election”.
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