Jailed Aam Aadmi Party (AAP) MLA Mehraj Din Malik is likely to cast his vote in the upcoming Rajya Sabha elections through a postal ballot.
The Jammu and Kashmir Government on Saturday informed the High Court of Jammu, Kashmir, and Ladakh that necessary arrangements have been made to ensure that Mehraj Malik, the lone AAP MLA in the Union Territory, is able to exercise his vote in the Rajya Sabha elections.
Appearing before Justice Rajesh Sekhri, senior advocate Sunil Sethi, along with Senior Additional Advocate General Monika Kohli, submitted that the government had already dispatched the postal ballot to the competent authority to facilitate Malik's participation in the Rajya Sabha elections scheduled for October 24, 2025.
The submission came during the hearing of an application filed by Malik, seeking permission to cast his vote and participate in the upcoming Assembly session. While the petitioners, led by senior advocate Rahul Pant and a team of lawyers, pressed for urgent consideration of both requests, the government's counsel clarified that steps had already been taken to address the voting aspect.
However, the Court noted that the government's reply to the application had not yet been placed on record. It directed the registry to ensure the reply is properly filed and scheduled the matter for further hearing on October 27, 2025, specifically to consider the second prayer regarding Malik's physical participation in the Assembly session commencing October 23.
The Court also directed the government to ensure that the detainee is allowed to cast his vote in accordance with the law.
"It is pivotal to mention that after considering the submissions made by both parties, the Court directed the government to ensure that the arrested MLA is allowed to cast his vote as per the mandate of law," Appu Singh Slathia, spokesperson of the AAP and member of Malik's legal team, told The International Business Times.
"The Court directed the registry to place on record the objection to the application and further directed that the matter be listed again on October 27, 2025, at the top of the list, for consideration of the second prayer related to the detainee's participation in the upcoming Assembly session commencing on October 23, 2025," she added.
On October 14, Malik filed an application before the Jammu, Kashmir, and Ladakh High Court seeking permission to participate in the upcoming Assembly session and cast his vote in the Rajya Sabha elections.
Responding to the application, Justice Sanjay Dhar of the High Court had earlier directed the Union Territory government to file its reply on or before October 18, 2025.
The vote of the lone AAP MLA in the Jammu and Kashmir Legislative Assembly is seen as crucial for the upcoming Rajya Sabha elections, particularly for the fourth seat, polling for which will be held under the third notification.
To secure the victory of its fourth candidate, Imran Dar, the ruling National Conference (NC) requires the support of all non-BJP MLAs, including Mehraj Malik.
Malik, who also heads the AAP's Jammu and Kashmir unit, was detained under the Public Safety Act (PSA) on September 8, 2025, for allegedly disturbing public order in Doda district, officials said.
This marks the first instance of a sitting MLA being detained under the stringent PSA, which allows detention without charge or trial for up to two years.
The 37-year-old legislator from Doda was initially detained by police at the Dak Bungalow while preparing to visit flood-affected areas of his constituency. Police later prepared a dossier against him, following which he was shifted to the district jail in Kathua.
