RS ELECTIONS: RO sends ballot papers to Kathua jail to enable MLA Mehraj Malik to vote

STC NEWS DESK
SRINAGAR, OCTOBER 18 (STC): In accordance with the Representation of the People Act, 1951, the Returning Officer (RO) for the Rajya Sabha polls in Jammu and Kashmir has sent postal ballot papers to the Superintendent of District Jail Kathua, where Aam Aadmi Party (AAP) MLA Mehraj Malik is detained under the Public Safety Act, 1978, to enable him to cast his vote.
Reports said the ballot papers in a sealed cover have been despatched via post to Mehraj Malik so that he can participate in the election. “Three ballot papers have been sent because every MLA is entitled to cast three votes in the election,” reports said.
The Jail Superintendent is also required to sign a declaration to verify Malik’s identity.
As per the rules, Malik can cast his vote before the scheduled polling date on October 24.
Notably, the Representation of the People Act, 1951 permits detainees to exercise their voting rights but disallows voting rights to undertrials and convicts lodged in jails. Since Mehraj Malik is currently detained under the Public Safety Act (PSA), he has been provided the postal ballot facility.
According to sub-section (5) of Section 62 of the Representation of the People Act, 1951, individuals confined in prison-whether serving a sentence of imprisonment, undergoing transportation, or held in police custody-are not entitled to vote. However, the proviso to this sub-section clarifies that the restriction does not apply to individuals subjected to preventive detention under any law currently in force.
(Straight Talk Communications)