Court Orders J&K Govt to Ensure AAP MLA Mehraj Malik Can Vote in Rajya Sabha Polls Despite Detention Under PSA
Jammu, Oct 18: In a judicial directive reinforcing electoral rights, the High Court of Jammu and Kashmir and Ladakh on Saturday instructed the government to make necessary arrangements to ensure that Aam Aadmi Party (AAP) MLA Mehraj Malik, currently detained under the Public Safety Act (PSA), is able to cast his vote in the upcoming Rajya Sabha elections scheduled for October 19.
Justice Rajesh Sekhri, hearing Malik’s application seeking permission to participate in the Assembly session beginning October 23 and to vote in the Rajya Sabha elections a day earlier, directed the government to ensure compliance with the law that entitles detained legislators to exercise their franchise. “The government must ensure that the detainee is allowed to cast his vote,” the court observed, emphasizing procedural fairness in democratic participation.
Malik, the AAP MLA from Doda, has been lodged in Kathua Jail since September 8 following his detention under the PSA in the aftermath of protests. His defence counsel informed the court that the authorities had already dispatched postal ballots to the jail in accordance with the Election Commission’s guidelines for detained lawmakers.
The AAP legislator was represented by a team of lawyers led by senior advocate Rahul Pant, along with advocates S.S. Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, and M. Zulkarnain Chowdhary, who argued that denying Malik the right to vote would constitute a violation of his fundamental democratic privileges as an elected representative. They urged the court to direct the administration to expedite arrangements to ensure his participation in the poll.
Representing the government, Senior Additional Advocate General Monika Kohli and senior advocate Sunil Sethi confirmed that the authorities had already taken steps to facilitate Malik’s voting through the postal ballot system. “The postal ballot papers have been dispatched to the appropriate authority to ensure that the detained legislator can cast his vote as per the law,” Sethi told the court.
Officials from the J&K Legislative Assembly Secretariat later confirmed that Secretary Manoj Pandit, who also serves as the Returning Officer for the Rajya Sabha elections, had dispatched three postal ballots to Kathua Jail. Malik’s identity, they said, would be authenticated through a formal declaration signed by the jail superintendent.
Under the Election Commission’s notification, legislators are allowed to cast votes through postal ballots if they are detained or otherwise unable to attend the polling in person. This ensures that all elected representatives, irrespective of their circumstances, can participate in critical parliamentary processes such as the election of Rajya Sabha members.
Two of the Rajya Sabha seats from Jammu and Kashmir will be contested separately, while the other two will be voted upon under a common notification, allowing each MLA to cast three votes. The National Conference (NC) has fielded four candidates, while the BJP has nominated three, making this a high-stakes election for both sides.
