G.C.Matur, J. - (1.) This petition has been filed by the Chairman and the Committee of Manegement of the Met rut wholesale Central Consumer's Co-operative Stores Limited (herein after referred to as the Society). It is directed against an order dated August 8, 1970, passed by .he Deputy Registrar, Co-op-rative Societies, U. P. Meerut. under Section 35(2) of the U. P. Co-operative Societies Act, 1965, placing the Chairman and the Committee of Management under suspension and appoining 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 Section 35 as he had not first taken any action under sub-sec- tion (1), (iii) that there was no power under Section 35 either to superside or to suspend the chairman ; and (iv) that no Administrator could be appointed under sub-section (2) of Section 35.
(3.) The charge of mala fides is directed againsf 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. b'ears animosity and is against the petitions." This Is a very vague and general allegation and gives no reason or fasts on which the alleged animosity based on these allegations, it is not possible to accept the petitioner that the order was passed malafide.;