The High Court of Jammu and Kashmir and Ladakh on Saturday directed the government to allow jailed Aam Aadmi Party (AAP) legislator Mehraj Malik to cast his vote for the upcoming Rajya Sabha elections through the postal ballot from prison.
As the matter came up before Justice Rajesh Sekhri to allow Malik to cast vote for the Rajya Sabha polls for four seats in the Union Territory on October 24, senior advocate Sunil Sethi representing J&K government submitted that the government has already sent postal ballot papers to the Kathua Jail Superintendent for the purpose.
According to official sources, the Jammu and Kashmir Legislative Assembly Secretary Manoj Pandit, who is also the returning officer for the elections, has sent three postal ballots to the Kathua jail superintendent for the jailed Doda MLA.
Malik, who is lodged in Kathua district jail since September 8, had through his father Shamas Din on October 14 filed an application seeking the court’s permission allowing him to attend the forthcoming session of the Jammu and Kashmir Legislative Assembly beginning October 23 and also cast his vote in the Rajya Sabha election.
Filed through counsel Sheikh Shakeel Ahmad, the application said that while his habeas corpus petition challenging his detention under PSA is pending disposal before the court, the Jammu and Kashmir Legislative Assembly Speaker in the meantime has summoned session of the House from October 23 to 31.
With the present strength of 88 members in the assembly, Malik’s vote is crucial for the Rajya Sabha vacancies which are to be held through a single election.
