In a rare but legally backed move, the Returning Officer overseeing the Rajya Sabha elections has sent postal ballot papers to the Superintendent of District Jail Kathua, enabling Aam Aadmi Party (AAP) MLA Mehraj Malik—currently detained under the Public Safety Act (PSA) of 1978—to cast his vote.
Sources confirmed to Kashmir News Observer (KNO) that Manoj Pandita, Secretary of the Legislative Assembly and Returning Officer for the polls, dispatched the sealed postal ballots to Malik through post. “Three ballot papers were sent because each MLA is entitled to cast three votes in this election,” the sources explained. The ballot papers were securely sealed, ensuring electoral integrity.
As part of the process, the Jail Superintendent must sign a declaration verifying Malik’s identity before the ballots are returned. Under the Election Commission’s guidelines, Malik may cast his votes before the official polling date, which is set for October 24.
The Representation of the People Act, 1951, provides a clear distinction between categories of prisoners. While undertrials and convicts are not permitted to vote, individuals detained preventively—like Malik under the PSA—retain their right to participate in elections. Section 62(5) of the Act explicitly preserves this right for those held under preventive detention laws, ensuring their political agency remains intact.
Following the announcement of the Rajya Sabha polls, the Election Commission sought information from the Jammu & Kashmir administration about any detained electors. The administration, in response, submitted Mehraj Malik’s details to the Returning Officer, confirming his eligibility to vote through the postal ballot system.
This case underscores an essential principle of democracy—that even those under preventive detention have a voice in shaping the nation’s future. In a time when participation defines progress, ensuring every legitimate vote is counted stands as a testament to the rule of law and the spirit of inclusive governance.
