Jammu, October 18 — The High Court of Jammu and Kashmir and Ladakh at Jammu, on Saturday, directed the Jammu and Kashmir government to ensure that Mehraj Malik, the detained Aam Aadmi Party (AAP) legislator from Doda, is permitted to cast his vote in the Rajya Sabha election scheduled for October 24, 2025. Presided over by Justice Rajesh Sekhri, the court was hearing an application filed by Malik seeking permission to exercise his franchise and participate in the upcoming Jammu and Kashmir Legislative Assembly session, set to commence on October 23, 2025.
Malik, who made history in 2024 as the first AAP candidate to win a seat in the J&K Legislative Assembly, representing Doda, is currently under detention, reportedly under preventive security laws. His legal team, led by Senior Advocate Rahul Pant and supported by Advocates S.S. Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, and M. Zulkarnain Chowdhary, argued that Malik’s detention should not infringe upon his constitutional rights as an elected representative. Emphasising the urgency due to the impending election, the counsel urged the court to address the plea immediately to uphold democratic principles.
Appearing for the J&K government, Senior Advocate Sunil Sethi, accompanied by Senior Additional Advocate General Monika Kohli, informed the court that a reply to Malik’s application had been filed on October 17, 2025, though it was not yet on record. Sethi assured the court that steps had been taken to facilitate Malik’s voting, with the postal ballot paper already dispatched to the competent authority for necessary action.
After considering submissions from both sides, Justice Sekhri directed the government to ensure Malik’s right to vote is upheld in accordance with legal provisions. The court further instructed the registry to place the government’s objections to the application on record. The second prayer in Malik’s application, regarding his participation in the upcoming assembly session, was deferred for further deliberation. The court scheduled the next hearing for October 27, 2025, directing that the matter be listed at the top of the day’s cause list.
The ruling comes at a critical juncture for J&K, where the restoration of the Legislative Assembly in 2024 marked a significant step toward reinstating democratic processes after years of central rule following the abrogation of Article 370. Malik’s detention, likely under preventive laws, reflects the region’s complex interplay of security measures and political rights, a recurring theme in J&K’s legal and political discourse. The court’s intervention underscores its commitment to safeguarding the democratic participation of elected representatives, even amidst administrative detention.
The outcome of the October 27 hearing will be closely watched, as it will determine whether Malik can attend the assembly session, a matter of significant political and public interest. The case highlights broader questions about balancing security imperatives with the democratic rights of elected officials in J&K, with implications for the region’s evolving political landscape.
The Chenab Times News Desk