SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 58 WPMS No. 39 of 2025 Hon’ble Ravindra Maithani, J. Mr. Dharmendra Barthwal, Advocate for the petitioner. Mr. Ganesh Kandpal, D.A.G. for the State/respondent nos. 1 to 6. Mr. Ravi Babulkar, Advocate for the respondent no.7. The petitioner Samiti runs Pandit Govind Ballabh Pant Inter College, Kashipur. The elections of the Committee of Management were held, but by the impugned order dated 19.12.2024 (Annexure I to the writ petition), the election of the Committee of Management was cancelled under Sections 34 (4) and 35 of the Uttarakhand School Education Act, 2006 (“the Act”) and the Sub-Divisional Magistrate, Kashipur has been appointed as an Authorised Controller, which is impugned in the matter. Learned counsel for the petitioner would submit that under Section 34 (4) of the Act, first and foremost, a show cause notice is required to be served and only thereafter, an action may be taken. It is argued that in the instant matter, no show cause notice has been served on the petitioner. Therefore, the impugned order is bad in the eye of law. Learned State counsel would admits that the show cause notice was not served on the petitioner before passing the impugned order. He would submit that the respondents may be permitted to take denovo proceedings under the provisions of the Act. Under Section 34 (4) of the Act, unless a show cause notice is given within the time frame, Authorised Controller may not be appointed. Admittedly, in the instant case, show cause notice has not been served, but Authorised Controller has been appointed by the impugned order. Therefore, impugned order deserves to be set aside and the writ petition deserves to be disposed of. The impugned order dated 19.12.2024 is set aside. The writ petition is, accordingly, disposed of. However, the respondents shall be at liberty to take fresh actions in the matter, in accordance with law. (Ravindra Maithani, J.) 05.05.2025 Jitendra