In a rare but legally sanctioned move, the Returning Officer for the upcoming Rajya Sabha elections has dispatched postal ballot papers to the Superintendent of District Jail Kathua, where Aam Aadmi Party (AAP) MLA Mehraj Malik is currently detained under the Public Safety Act (PSA), 1978. This decision ensures that Malik can still exercise his democratic right to vote, even while under preventive detention.
According to official sources from the Kashmir News Observer (KNO), Manoj Pandita, Secretary of the Legislative Assembly and the designated Returning Officer, sent the ballot papers via post to the jail authorities. Each MLA is entitled to cast three votes, and thus three sealed ballot papers were sent. The Jail Superintendent will also verify Malik’s identity through a signed declaration before he casts his vote.
As per the Representation of the People Act, 1951, detainees under preventive detention laws such as the PSA retain their right to vote through postal ballots, unlike undertrials or convicts who lose this privilege while in custody. The legal framework, under sub-section (5) of Section 62, explicitly allows individuals in preventive detention to participate in elections, safeguarding their constitutional rights.
Following the announcement of the Rajya Sabha polls, the Election Commission of India had requested the Jammu & Kashmir administration to provide details of any detained electors eligible to vote. Malik’s information was accordingly submitted, ensuring procedural transparency and compliance with electoral norms.
This event underscores a critical aspect of democracy — that even within the walls of confinement, the voice of representation must not be silenced. The process reaffirms India’s commitment to upholding electoral integrity and equal participation under the law.
