UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Criminal Miscellaneous Petition whereby Ujagar Singh, Panchayat Secretary, Office of Block Development and Panchayat Officer, Block Moga-I District Moga has prayed for the grant of anticipatory bail to him in case F.I.R. No. 131 dated 21.7.1998, registered at Police Station City Moga, under Sections 467/468/471/120-B, I.P.C. and 7, 13(2) of the Prevention of Corruption Act, 1988.

(2.) The prosecution case, in brief, is that Smt. Gurnam Kaur had filed nomination form for election to the office of Sarpanch of Gram Panchayat of village Ajitwal and had filed those papers on June 9, 1998 in the office of B.D.O., Moga-I. She had deposited Rs. 100/- in the office of B.D.O. at the time of filing nomination papers and had obtained receipt from the B.D.O. office. She had attached that receipt with those papers. That file had been handed over to Ujjagar Singh, Panchayat Secretary in order. She continued waiting for the receipt of election symbol also but she never got election symbol. Ujjagar Singh continued prevaricating. He lost her file as he was in league with the opposite party. She was, thus, deprived of contesting for the office of Sarpanch of the Gram Panchayat. She time and again requested the B.D.O., Moga-I that she be delivered election symbol but he also continued prevaricating.

(3.) One Mohinder Singh son of Shri Jirmal Singh, made an application to Deputy Commissioner, Moga that he had filed nomination papers for election to the office of Sarpanch. Shri Mohinder Singh, B.D.O. Block Moga-I had taken Rs. one lac as bribe from him and had assured him that whosoever sought to contest election against him, he would manage the loss of his nomination papers. He took this illegal gratification in the house of some one at Zira which he could point out. Shri Mohinder Singh alleged that he had taken illegal gratification to the tune of Rs. 50,000/- to Rs. 1 lac from several others who had filed nomination papers for election to the office of Sarpanch or Panch. He further alleged that two persons filled nomination forms against him but Shri Mohinder Singh Sidhu, B. D.O., Block Moga-1 did not help him nor did he refund his money. He supported his allegations with his sworn affidavit.