Court Asserts Need for Statutory Backing and Reasonableness in Restrictions Imposed by Election Commission
In a significant ruling, the Calcutta High Court, under Justice Krishna Rao, has modified an order by the Chief Electoral Officer of West Bengal that imposed blanket restrictions on motorcycle riding during election days. The order, initially aimed at ensuring free, fair, and violence-free elections, was challenged by the petitioner, Ritankar Das, who argued it lacked statutory backing and infringed on fundamental rights.
The court, addressing the writ petition, emphasized that the Election Commission's powers under Article 324(1) of the Constitution do not extend to imposing blanket restrictions without specific legal provisions. It noted that such restrictions should be reasonable and proportionate, aligning with existing laws, and not arbitrary.
The original order, dated April 20, 2026, prohibited motorcycle rallies and imposed riding restrictions from two days before the polling day. Despite a subsequent modification on April 21, allowing exemptions for essential services like Ola, Uber, and delivery agencies, the restrictions on general motorcycle usage remained largely unaddressed.
The court highlighted that neither the Representation of the People Act, 1951, nor the Election Commission's Standard Operating Procedure (SOP) explicitly authorized such broad restrictions. It pointed out that while the Election Commission has wide-ranging powers, these must be exercised in conformity with statutory laws and not arbitrarily.
Modifying the order, the court permitted motorcycle use with specific exemptions, emphasizing that restrictions should only be imposed 12 hours before polling day, barring rallies and non-essential pillion riding. This decision underscores the judiciary's role in ensuring that electoral regulations do not unjustifiably infringe on citizens' rights.
The ruling reaffirms the necessity for election-related directives to be grounded in statutory authority, ensuring they are both effective in maintaining election integrity and respectful of individual freedoms.
Bottom Line:
Election Commission's superintendence under Article 324(1) of the Constitution of India does not permit blanket restrictions on motorcycle riding during election periods unless justified by specific laws or provisions. Restrictions imposed on motorcycle riding must be reasonable, proportionate, and in conformity with existing laws.
Statutory provision(s): Article 324(1) of the Constitution of India, Sections 126 and 130 of the Representation of the People Act, 1951
Ritankar Das v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2888480
