G. M. Syed-The Case of Sindh
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APPENDIX 5

Gazi Akbar, two others disqualified, 1949. Registered No. S.-463

THE SIND GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY,
KARACHI, MONDAY, FEBRUARY 14, 1949
PART I
GOVERNMENT OF SIND
LEGAL DEPARTMENT
Sind Secretariat, Karachi, 14th February, 1949.
 No. 290-R.147.—Whereas an election petition was presented to His Excellency, the Governor under para 3 of Part III of the Government of India (Provincial Elections) (Corrupt Practices and Election Petitions) Order, 1936, and Rules 61 and 62 of the Sindh Legislative Assembly Electoral (Elections and Petitions) Rules, 1936, by Mr. G.M. Sayed, a candidate in the Dadu South Mohammedan Rural Constituency of the Sindh Legislative Assembly, calling in question, on the ground of corrupt practices, the election in that constituency held on the 9th December 1946 at which Qazi Muhammad Akbar was declared duly elected;

And whereas by Government Notification, Legal Department, No. 290-R/47, dated the 8th June, 1947, C.M. Lobo, Esq., B.P. Dalai, Esq., and Muhammad Bakhsh A. Memon, Esq., were appointed Commissioners for the trial of the said petition;

And whereas by Government Notification, Legal Department, No. 290-R./47, dated the 1st September, 1947, Rahim Bakhsh Illahi Bakhsh Shaikh, Esq., was appointed Commissioner in place of Muhammad Bakhsh A. Memon, Esq.,

And whereas by Government Notification, Legal Department, No ‘2,90-R,/47, dated the 29th May, 1948, B.P. Dalal, Esq., was appointed as President in place of C.M. Lobo, Esq., resigned, and Hassanaly Abdul Rahman, Esq., Bar-at-Law, as Commissioner in place of B.P. Dalal, Esq.,

And whereas by Government Notification, Legal Department, No. 290-R./47, dated the 10th July, 1948, Feroz Ghulamali Nana, Esq., was appointed as Commissioner in place of Hassanaly Abdul Rahman, resigned;

And whereas the said Commission after holding an inquiry into the said petition under the said Rules, have forwarded the report as required by subparagraph (3) of paragraph 8 of Part III of the said Order....

Now therefore under sub-paragraph (3) of paragraph 8 of Part III of the said Order and in accordance with the report of the Commission, His Excellency the Governor is pleased to Order:-

(a) that the election of the returned candidate respondent Qazi Mohammad Akbar shall be void;

  1. that the respondent Gazi Mohammad Akbar shall be disqualified from voting for a period of 6 years;
  2. that the respondent Qazi Mohammad Akbar shall pay Rs. 8,000 as costs to petitioner Mr. G.M. Sayed;
  3. that Pir Illahi Bakhsh Nawaz Ali shall be disqualified from the membership of the Sindh Legislative Assembly and from voting for a period of 6 years;
  4. that Mir Mohammed Shah shall be disqualified from voting for a period of 6 years;  The orders contained in clauses (a), (b), (c), (d) and (e) shall take effect from the evening of 3rd February, 1949.
  5. the recommendation of the Commission with regard to Syed Gul Mohammed is being considered and orders thereon shall follow in due course.
 
By Order of the Governor of Sindh,
MUHAMMAD BAKHSH A. MEMON,
Secretary to Government.
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