JUDGEMENT
G.C.Mathur, J. -
(1.)This petition has been filed by the Chairman and the Committee of Management of the Meerut whole-sale Central Consumer's Cooperative Stores Limited (herein after referred to as the Society). It is directed against an order dated Aug. 8. 1970, passed by the Deputy Registrar, Cooperative Societies, U.P., Meerut, under Sec. 35(2) of the U.P. Cooperative Societies Act, 1965, placing the Chairman and the Committee of . Management under suspension and appointing respondent no. 2 Administrator in their place to manaze the affairs of the Society temporarily.
(2.)The order has been challenged on the following grounds:-
(i) that it has been passed mala fides.
(ii) that the Deputy Registrar had no jurisdiction to pass the impugned order under sub-section (2) of Sec. 35 as he had not first taken any action under sub Sec. (1);
(iii) that there was no power under Sec. 35 either to superside or to suspend the chairman ; and
(iv) that no Administrator could be appointed under sub-section (2) of Sec. 35.
(3.)The charge of mala fides is directed against Shri R.P. Srivastava, Deputy Registrar, who passed the impugned order but he has not been impleaded by name. The allegations of mala fides are said to be contained in paragraphs 33, 34 and 35 of the writ petition. Paragraphs 33 and 34 do not allege anything against the Deputy -Registrar. In paragraph 35 the allegation is:
"That the Deputy Registrar, Sri R. P. Srivastava, bears animosity and is against the petitioners."
This is a very vague and general allegation and gives no reason or facts on which the alleged animosity is based on these allegations, it is not possible to accept the petitioner, contention that the order was passed malalide.
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