Calcutta High Court Expands Curbs on Group Motorcycle Riding Ahead of West Bengal Poll Phase

April 29, 2026 : The Calcutta High Court has widened restrictions on motorcycle use during the ongoing West Bengal elections, directing that not only motorbike rallies but also group riding on two-wheelers will be prohibited from two days before polling.

The order effectively bars group motorcycle movement between April 27 and April 29, when the second phase of polling is scheduled.

A Division Bench comprising Justice Shampa Sarkar and Justice Ajay Kumar Gupta passed the order on April 27, 2026, while hearing an appeal filed by the Chief Electoral Officer of West Bengal against a Single Judge’s decision dated April 20.

After considering submissions on the need to ensure security and peaceful voting, the Bench held that a limited modification of the earlier order was necessary. It directed that Clause (a) be revised to state: “No motorbike rally or biking in groups shall be allowed from two days prior to polling day onwards.” All other directions issued by the Single Judge were left intact.

Earlier, the Single Judge had ruled that the Election Commission of India could not impose a blanket restriction on motorcycle use in the name of free and fair elections. The Court had set aside a notification issued by the Chief Electoral Officer that prohibited motorcycle movement between 6 PM and 6 AM in the days leading up to polling, except under limited conditions.

The Single Judge observed that while banning motorbike rallies to prevent violence was justified, a complete restriction on motorcycle use lacked legal backing and disproportionately impacted citizens, including professionals who rely on two-wheelers for daily commuting.

At the same time, calibrated measures were permitted. These included a ban on motorbike rallies two days prior to polling, restrictions on pillion riding in the 12 hours before polling (subject to exceptions for emergencies and essential activities), and regulated motorcycle use on polling day for voting and necessary travel. Exemptions were also provided for delivery personnel and office-goers with valid identification.

Before the Division Bench, Senior Advocate Jishnu Chowdhury, appearing for the Chief Electoral Officer, argued for stricter controls to maintain law and order, particularly citing concerns over group mobilisation on motorcycles.

Accepting this concern in part, the Bench expanded the restriction to explicitly include group riding, noting that such movement could pose risks to public order even if it did not formally qualify as a rally.

The Court clarified that its ruling was limited to the present writ proceedings concerning the 2026 West Bengal elections. It kept broader legal questions, including the scope of the Election Commission’s powers, open for future consideration.

To ensure immediate implementation, the Court directed that the order be uploaded on the Election Commission’s website along with the earlier Single Judge ruling. All parties and authorities have been asked to act based on the server copy of the order.

With this modification, the appeal and the connected application were disposed of.