ECP opposes open ballot Senate polls.

ISLAMABAD -- The Election Commission of Pakistan (ECP) on Saturday opposed the federal government's plan to hold Senate elections on open ballot without an amendment in the Constitution.

The ECP, through its counsel Sajeel Sheryar Swati, has submitted a concise statement in the presidential reference case. A five-judge larger bench led by Chief Justice of Pakistan Gulzar Ahmed presided over the hearing.

"Article 59, 219, 224 (3) and (5) of the Constitution provide for elections to the Senate and, 'Election of the Senate is election under the Constitution' for the purposes of Article 226 of the Constitution", said the ECP.

The statement further states that "most ordinary and natural meaning elucidated by Article 226 is that elections 'under the Constitution' are those elections that are held by or under the authority of the Constitution. Article 226 provides only two exceptions i.e. election to the office of Prime Minister and Chief Minister (which on true construction refers to only one exception, the leader of the House)".

"As per rules of statutory interpretation, when exceptions to a general rule have been specified in the rule, those are the only exceptions and no other exception can be implied or read into the provision," the statement read.

Earlier in December, the PTI led federal government filed a presidential reference to the Supreme Court, seeking guidance about holding the upcoming Senate polls through open...

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