Ensure jailed MLA Mehraj can vote in RS polls: Court to 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 postal ballots had already been dispatched to Kathua jail, where Malik is lodged under the Public Safety Act (PSA) since September 8.

The court order followed an application filed by Malik seeking permission to participate in the upcoming Assembly session in Srinagar from 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 detained legislator is allowed to vote, an AAP spokesperson said.

Malik was represented by senior advocate Rahul Pant and advocates SS Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal and M Zulkarnain Chowdhary. The counsels stressed that the application needed urgent consideration.

Senior Additional Advocate General Monika Kohli, along with senior advocate Sunil Sethi, appeared for the government and informed the court that the reply had been filed on Friday, although the court noted it was not on record.

Officials said J-K Legislative Assembly Secretary Manoj Pandit, also returning officer for the Rajya Sabha polls, dispatched three postal ballots to Kathua jail for Malik, in line with the law allowing a detained legislator to participate. Malik’s identity must be confirmed by a declaration signed by the jail superintendent.

Two Rajya Sabha seats are going to polls separately, while two others are combined under a common notification, allowing each legislator to cast three votes. The National Conference has fielded four candidates against three by the BJP.