IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7808 of 2009 ***** Saroj Devi wife of Sri Ishwar Dayal Bhagat, resident of village- Dhelabad, P.O.-Amjhor, P.S. Rohtas, District-Rohtas (Bihar). …. …. Petitioner Versus 1. The State of Bihar through the Chief Secretary, Patna (Bihar). 2. The Deputy Secretary, State Election Commission, Bihar (Patna). 3. The State Election Commissioner, State Election Commission, Bihar (Patna). 4. The District Panchayat Raj Officer, District-Rohtas at Sasaram. 5. The District Magistrate, Dsitrict-Rohtas (Bihar). 6. The Block Development Officer, Block-Rohtas, District-Rohtas (Bihar). 7. Smt. Asha Devi, wife of Sri Shio Kumar Choudhary, resident of village- Rasulpur, P.S.- Rohtas, P.O.-Banjari, District-Rohtas (Bihar). …. …. Respondents ----------- 2. 13.7.2009. Heard learned counsel for the petitioner and learned counsel for the State Election Commission. On a complaint being made to the State Election Commission against the returned candidate, namely, Smt. Asha Devi, the State Election Commission came to a considered opinion that prima facie the allegation made by the petitioner against her seems to be correct and a proceeding under Section 177 and 181 of the Indian Penal Code may be required. In this regard State Election Commission by letter no. 736 dated 18.3.2008 issued direction to the District Magistrate, Rohtas, respondent no.5 but it seems that since nothing came to be done by the concerned authority despite the order and subsequent reminders there is a failure on the part of the District Magistrate, therefore, the present writ application has been filed. With the limited prayer having been made in the writ application, the writ application stands disposed of with a direction upon - 2 - the District Magistrate, Rohtas that he shall take cognizance of the communication contained in Annexure-2 dated 18.3.2008 and ensure the follow-up action within three months from the date of communication/production of a copy of this order. This writ application stands disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)