The Calcutta High Court on Thursday, April 24, delivered a sharp rebuke to the Election Commission of India (ECI) for imposing sweeping restrictions on motorcycle movement ahead of the West Bengal Assembly elections, calling the directive an abuse of institutional power that infringes on citizens' fundamental rights.

Court's Strong Observations Against Election Commission

Justice Krishna Rao, presiding over the case, directly told the Election Commission that it was misusing its authority and causing undue hardship to ordinary citizens. The judge's remarks came during a hearing on a petition challenging the poll body's notification issued on Tuesday, April 22.

Justice Rao pointedly questioned the logic behind the restrictions, stating that even cars could be stopped under such reasoning, yet determined individuals could still transport weapons and create disorder. The judge's observation underscored the disproportionate nature of the directive.

The court also demanded that the Election Commission present data showing how many verified incidents involving bike gangs causing violence or electoral disruption had been recorded over the last five years in Bengal.

What the Election Commission's Notification Said

The ECI notification stated that no motorcycle processions would be permitted during the two days preceding polling day. Additionally, bikes could only be operated between 6 A.M. and 6 P.M. during this window, and pillion riding was completely prohibited.

On the actual day of polling, bikes were permitted between 6 A.M. and 6 P.M., but exclusively for voters heading to polling booths or those with urgent personal requirements.

The commission carved out exemptions for medical emergencies, family obligations, school runs, and social events. App-based cab services and food delivery riders were also exempted from the restrictions.

However, any individual seeking exemption outside these categories was required to obtain written permission from the local police station, adding an administrative burden that critics argue is impractical during election periods.

Legal Challenge and Court Proceedings

The petition challenging the ECI's directive was brought to the attention of the Calcutta High Court on Wednesday, April 23. Justice Rao admitted the case and scheduled the hearing for the following day.

During Thursday's hearing, the court expressed its view that the restrictions appeared designed to mask administrative failures rather than genuinely address security concerns. The judge noted this was a blanket measure aimed at halting normal life entirely in the days leading up to the vote.

Election Commission to File Affidavit on Friday

Following the court's strong observations, the Election Commission has been directed to submit a detailed affidavit by Friday, April 25. In this affidavit, the poll body is expected to justify the rationale behind the motorcycle restrictions and may cite historical incidents of bike-borne violence during elections in West Bengal.

The affidavit will be a critical document — if the ECI fails to substantiate its claims with concrete data, the court may strike down or significantly modify the restrictions before polling day.

Impact on Citizens and Broader Implications

The restrictions have drawn widespread concern among daily commuters, delivery workers, and voters in West Bengal who rely on two-wheelers as their primary mode of transport. Critics argue the notification disproportionately burdens lower-income residents who cannot afford alternative transport.

The case also raises broader constitutional questions about the extent of the Election Commission's powers under the Model Code of Conduct and whether security-driven directives can override citizens' right to free movement.

With the Election Commission's affidavit due on Friday, April 25, the Calcutta High Court's final ruling could set a significant precedent for how electoral bodies exercise authority over civilian movement during future elections across India.