The High Court of Jammu and Kashmir and Ladakh recently issued a crucial directive, ensuring that Aam Aadmi Party (AAP) MLA Mehraj Malik can cast his vote in the upcoming Rajya Sabha elections for four seats in the Union Territory.
Authorities confirmed to the Court that postal ballots have already been dispatched to Kathua jail, where Mr. Malik has been detained under the stringent Public Safety Act (PSA) since September 8, 2025.
This significant court order stems from an application filed by Mr. Malik himself. He sought permission to not only participate in the forthcoming Assembly session, scheduled to commence in Srinagar on October 23, 2025, but also to exercise his franchise in the Rajya Sabha election slated for the very next day.
An Aam Aadmi Party spokesperson highlighted that Justice Rajesh Sekhri explicitly instructed the government to guarantee the detainee’s right to vote.
The AAP leader’s legal team, comprising senior advocate Rahul Pant and advocates S.S. Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, and M. Zulkarnain Chowdhary, underscored the urgency of the application.
Senior Additional Advocate General Monika Kohli, along with senior advocate Sunil Sethi, represented the government, informing the Court that their reply to the application had been filed on the preceding day, October 17. The Court noted that this reply was not yet officially on record.
Mr. Sethi further elaborated that the government had proactively sent the postal ballot papers to the relevant authority, ensuring that the imprisoned legislator would be able to register his electoral choice.
According to officials, Manoj Pandit, the Jammu and Kashmir Legislative Assembly Secretary and returning officer for the Rajya Sabha polls, dispatched three postal ballots to Kathua jail for Mr. Malik. This action aligns with legal provisions that permit a detained legislator to participate in such electoral processes.
Officials also confirmed that Mr. Malik’s identity for voting purposes must be verified by a declaration signed by the jail superintendent.
It’s important to note that while two Rajya Sabha seats are contested individually, the other two seats are combined under a single notification, granting each legislator the ability to cast three votes.
Currently, the National Conference has put forth four candidates, contending against three candidates from the BJP.