Kolkata’s High Court struck down the Election Commission’s ban on motorcycle apply two days before voting, ruling the restriction exceeded the body’s authority and imposed undue hardship on ordinary citizens.
The court’s decision, delivered Thursday afternoon, overturned a directive that would have prohibited all non-essential motorcycle travel from 48 hours before polls until voting day, citing concerns over potential misuse during elections. Instead, justices permitted limited use for essential purposes such as medical emergencies, family events, and school-related travel between 6 a.m. And 6 p.m., while maintaining a ban on carrying passengers on motorcycles during the restricted period.
Judges questioned whether the Commission had overstepped its constitutional mandate, noting that if safety concerns justified restricting two-wheelers, the same logic could apply to all vehicles. They demanded the Commission justify the ban with data on past election-related incidents involving motorcycles, suggesting the move may have stemmed from administrative failure rather than evidence-based risk assessment.
The ruling came after petitions challenged the Commission’s directive, which had sparked widespread public frustration over mobility restrictions during a critical voting period. Officials now must submit a detailed explanation to the court by Friday, detailing the rationale behind the original prohibition and any evidence of past disturbances linked to motorcycle use during elections.
While the decision provides immediate relief for voters needing personal transport, it leaves unresolved the broader tension between electoral security measures and public convenience. The Court emphasized that any restriction on movement must be proportionate, necessary, and grounded in demonstrable risk—not merely procedural caution.
What specific changes did the High Court make to the Election Commission’s original motorcycle rule?
The Court replaced the blanket ban on motorcycle use starting 48 hours before voting with a time-limited restriction: no non-essential travel or pillion riding is allowed from 12 hours before polling day, but essential travel for medical, family, or school purposes is permitted between 6 a.m. And 6 p.m.
Why did the High Court question the Election Commission’s authority to impose the ban?
Judges argued the Commission appeared to be misusing its power, stating that if safety justified banning motorcycles, the same reasoning could justify banning all vehicles, and demanded proof of past election-related incidents involving motorcycles to justify the restriction.
What must the Election Commission now do following the court’s ruling?
The Commission must submit a detailed explanation by Friday, justifying why the two-day ban was imposed and providing evidence of past election disturbances linked to motorcycle use, as requested by the Court.