In a significant move ahead of the Rajya Sabha elections, the Returning Officer has dispatched postal ballot papers to the Superintendent of District Jail Kathua, ensuring that Aam Aadmi Party (AAP) MLA Mehraj Malik, who is currently detained under the Public Safety Act (PSA) of 1978, can still exercise his democratic right to vote.
According to official sources, Manoj Pandita, Secretary of the Legislative Assembly and the Returning Officer for the polls, sent the ballot papers through post to the jail authorities. “Three ballot papers were dispatched, as each MLA is entitled to cast three votes,” confirmed the sources, noting that the papers were securely sealed.
The Superintendent of the District Jail Kathua has also been directed to sign a formal declaration verifying Malik’s identity. In accordance with election rules, Malik can cast his vote prior to the scheduled polling date on October 24.
The Representation of the People Act, 1951, distinctly allows individuals under preventive detention to vote, while those serving sentences or awaiting trial in jail are barred from voting. Since Malik’s detention falls under preventive measures of the PSA, he has been granted access to the postal ballot facility.
Section 62(5) of the Act explicitly states that prisoners, convicts, and undertrials cannot vote. However, the proviso to this section clarifies that this restriction does not extend to those held under preventive detention laws — ensuring that their constitutional right to vote remains intact.
Following the Rajya Sabha poll announcement, the Election Commission of India (ECI) sought detailed information from the Jammu & Kashmir administration about any detained legislators eligible to vote. Authorities confirmed Malik’s status and shared the relevant details with the Returning Officer to facilitate his participation.
