F.A. SAPA ETC. ETC. v. SINGORA AND ORS. ETC.

F.A. SAPA v. SINGORA !AHMADI, J.] 789

also found in the verification/affirmation clause in the other election A petitions/affidavits. We would, therefore, request the High Court to issue directions to the election petitioner of each petition to remove the defects within such time as it may allow and if they or any of them fail to do so, pass appropriate consequential orders in accordance with 1

The High Court has applied the correct test while permitting the amendments. The High Court has rightly pointed out that the power conferred by section 86(5) cannot be exercised to allow any amend- ment which will have the effect of introducing a corrupt practice not previously alleged in the petition. If it is found that the proposed amendments are not in the nature of supplying particulars but raise c new grounds, the same must be rejected but if the amendments arr: sought for removing vagueness by confining the allegations to the returned candidate only such an amendment would fall within the parameters of section 86(5) of the R.P. Act. It was on this correct understanding of the legal position that the High Court scrutinised the amendment application. It was not shown at the hearing of these appe- D als that any particular averment introduced by way of an amendment had the effect of introducing· a totally new allegation of corrupt practice not previously pleaded in the election petitions. Yet, if the appellants can point out any inconsistency, the High Court will remove the same. E These were all the submissions made before us. We have dealt with them in extenso and have clarified the legal position. We have suggested certain modifications in the impugned orders and have indi- cated the course of action to be adopted by the High Court. We need not recapitulate the modifications and the future course of action. The impugned order of the High Court in each petition will stand modified F to the extent it is inconsistent with the legal position explained hereinabove. The High Court will pass appropriate orders to remove the inconsistencies. The appeals will stand allowed only to the extent of the modifications/directions made by this order with no order as to cost in each election petition.

V.P.R. Appeals partly allowed.