Ensure jailed leader Mehraj Malik can vote in Rajya Sabha polls: Court to J-K Govt

The High Court of Jammu and Kashmir and Ladakh on Saturday directed the government to ensure that Aam Aadmi Party (AAP) MLA Mehraj Malik can vote in the upcoming Rajya Sabha elections for four seats in the Union Territory.

The state counsel informed the court that the authorities had already dispatched postal ballots to Kathua jail, where the legislator is lodged under the Public Safety Act (PSA) since September 8.

The court order came on an application filed by Malik seeking permission to participate in the upcoming Assembly session starting in Srinagar on October 23, and to cast his vote in the Rajya Sabha election scheduled for the next day.

Justice Rajesh Sekhri directed the government to ensure that the detainee is allowed to cast his vote, said an Aam Aadmi Party spokesperson.

The AAP leader was represented by senior advocate Rahul Pant, and advocates S S Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, and M Zulkarnain Chowdhary.

The counsels stressed that the application must be considered today.

Senior Additional Advocate General Monika Kohli, along with senior advocate Sunil Sethi, appeared for the government and apprised the court that they had filed the reply to the application on Friday. The court responded that it was not on record.

Sethi submitted that the government had already sent the postal ballot papers to the authority to ensure that the detained legislator could register his choice.

Meanwhile, officials said J-K Legislative Assembly Secretary Manoj Pandit, who is also the returning officer for the Rajya Sabha polls, dispatched three postal ballots to Kathua jail for Malik to vote as per the law, which allows a detained legislator to participate in the exercise.

Malik's identity must be confirmed by a declaration signed by the jail superintendent, officials said.

While two Rajya Sabha seats are going to polls separately, two other seats are clubbed together under a common notification, allowing each legislator to cast three votes.

The National Conference has fielded four candidates against three by the BJP.