1. Petitioner has challenged the order dated 16.1.2007 (Annexure P-1) passed by the Collector, Katni disqualifying thereby the petitioner from the, post of Sarpanch.

2. Facts in brief are that the election for the post of Sarpanch of Gram Panchayat Badari, Tahsil Vijayraghavgarh, District. Katni was held on 23.1.2005. Petitioner was elected as Sarpanch in the result declared on 27.1.2005. Respondent No.5, a defeated candidate on the post of Sarpanch submitted WP No.947/2005 which was withdrawn on 29.3.2005 with liberty to file an election dispute. Thereafter on 5.5.2005 he submitted a petition (Annexure P-3) in the form election petition under section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "Panchayat Raj Adhiniyam" for brevity) before the Sub-Divisional Officer, Vijayraghavgarh on the ground that the petitioner on 29.12.2004 had submitted nomination form, affidavit and declaration. In paragraph 7 of the affidavit, he admitted to have four children. His fourth child was born on 13.5.2003 whereas in the affidavit the child is shown to have been born before 26.1.2001 which being a false statement, he has committed an offence. Th