RITANKAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dtd. 20/4/2026 wherein the Chief Electoral Officer has issued an order by imposing restriction on motorcycle riding /rally on polling day-2 and on polling day for conduct of free, fair, peaceful and violence free Election -2026. The petitioner submits that the respondent no. 3 has issued the said order without any authority. He submits that by issuing the said impugned order infringed the fundamental right of the petitioner.

(2.) Mr. Bikas Ranjan Bhattacharyya, Learned Senior Advocate, appearing for the petitioner submits that it is settled law that if a statue described a thing to be done in a particular manner, it has to be done in the same manner and other methods are forbidden.

(3.) Learned Counsel appearing for the petitioner submits that the respondent no. 3 has issued blanket prohibition orders bears no rational nexus with the object sought to be achieved. He submits that after issuance of the impugned order, the petitioner has made representation to the respondent no. 3 and on receipt of the representation of the petitioner, the respondent no. 3 has modified the impugned order by an order dtd. 21/4/2026 by giving exemption to service providers like Ola/Uber/ Zomato/Swiggy and similar home delivery agency, exemption also given to the office going riders with carrying proper identity card.