Islamabad: The Appellate Tribunal handling nomination appeals in Pakistan possesses the authority to independently reject a candidate's nomination if evidence surfaces indicating that the candidate is a defaulter on loans or taxes. This power is part of a two-stage nomination scrutiny process where the initial review is conducted by a Returning Officer, and the subsequent appeal is heard by an Appellate Tribunal composed of a High Court judge.
According to Free and Fair Election Network, the Appellate Tribunal's authority is outlined in Section 63(4) of the Elections Act 2017. This section allows the Tribunal to act on information from any source, including media reports, financial institutions, or public records, to call upon a candidate to demonstrate why their nomination should not be rejected if there are indications of financial or legal disqualifications. The Tribunal's scope extends beyond merely addressing filed appeals, enabling it to reject nominations independently if satisfactory grounds are established.
The law implies that even candidates who pass the Returning Officer's scrutiny remain subject to further evaluation by the Appellate Tribunal. This second layer of examination underscores the importance for candidates to be prepared to address any issues raised by the Tribunal, which can act on its own initiative based on information it receives during appeal hearings.