TYAGI, J.—Petitioner Chenaram, who has been removed from the office of the Pradhan of the Panchayat Samiti, Didwana by the order of the Government dated 21st of July, 1972 (Ex. 1), has filed this writ petition under Art. 226 of the Constitution challenging the order of the Government, inter alia, on the grounds that the impugned Order suffers from the defect that it is not a speaking order and that proper opportunities were not given to the petitioner to defend himself before the said order was passed. It is, therefore, prayed that the order should be quashed. The petitioner has also challenged the legality of the order on the question of malafides but that point has not been pressed during the course of arguments.

2. The facts giving rise to this writ petition are, in a nutshell, as follows:

The petitioner was elected Pradhan of the Panchayat Samiti, Didwana in the year 1965 and since then he has been continuously working as Pradhan. A show cause notice under sec. 40(1) of the Rajasthan Panchayat Samites and Zila Parishads Act, 1959, was served on the petitioner on 8th of February, 1968, demanding his explanation to the charge sheet which was annexed to that notice. The charge was t

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