i.e. the declaration form filed by the non applicant before the Returning Officer, whereunder the date of birth of Devesh was given out as 5-101998. Admittedly as per the declaration the non applicant had 7 living children as of 27-11-1995. Section 24 (xvii) proviso (e), this fact by itself rendered the non applicant ineligible to contest and supplied a ground for setting aside the election of the non applicant. Section 31 (d) (iv) of the 2009 Act provides that election of any person as a member of municipality may be challenged before the trial court having territorial jurisdiction over concerned Municipality on the ground that the result of election in so far as it concerns the returned candidate had been materially affected inter alia by non compliance with the provisions of the 2009 Act and the Rules made thereunder. Albeit the non applicant before the trial court had attempted to renege on the admission and declaration form on the specious ground on it being an error attributable to the Advocate who filled up the said declaration form, the Advocate Devendra Singh Rana, who appeared as NAW-3 purportedly in support of the non applicant in his testimony before the court stated that he had filled up the declaration form as instructed by the non applicant himself. Aside of aforesaid, even in his cross examination in the course of his testimony before the trial court, the non applicant admitted that Devesh's date of birth in the school, where he studied from class 1 to IX, had been indicated as 5-10-1998 and no
