The power of the High Court to allow amendments to election petitions is subject to the provisions of Section 86 (5) of the Representation of the People Act, 1951, which prohibits the introduction of particulars of a corrupt practice not previously alleged in the petition.

P. K. MISRA, J.

( 1 ) THIS is an application filed by the petitioner in the election petition seeking permission to amend the election petition.

( 2 ) THE petitioner seeks to amend paragraphs 8 and 16 of the election petition by way of correcting the dates mentioned in those paragraphs. In paragraph 8 of the original election petition while referring to the order of the Election Commission of India, the petitioner has indicated the relevant date to be 27-1-1995 and the petitioner seeks to correct the said date by indicating that, in fact, the said order had been passed on 25-1-1995. In paragraph 16 of the original election petition, it has been averred that on 11-2-1995, respondent No. 1 had organised public meeting in Puri town, wherein some speeches making personal allegations had been made which amounted to corrupt practice as defined in Section 123 (4) of the Representation of the People Act, 1951 (hereinafter called the "act" ). The petitioner by way of amendment now seeks to indicate the date of the meeting to be 9-2-1995 instead of 11-2-1995.

( 3 ) IN the objection filed on behalf of respondent No. l, it has been stated that by changing the dates, new facts are sought to be introduced which should not be permitted and the proposed amendment will change the nature of the allegation and should not be allowed. In course of argument on the question relating to amendment, serious objection has been raised on behalf of respondent No. 1 relating to the proposed amendment of the date as contained in paragraph 16.

( 4 ) BEFORE entering upon the controversy, it is advisable to notice the relevant provisions contained in the Act regarding procedure to be followed. Section 87 (1) of the Act provides as follow:- "87. Procedure before the High Court- (1) Subject to the provisions of this Act and of any rules made thereunder. every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits :provided that. . . . . . . '' From a hare perusal of Section 87 (1), it is apparent that the provisions of the Code of Civil Procedure are applicable subject to the provisions of the Representation of the People Act and any Rules made thereunder. Thus the provisions contained in Order 6. Rule 17 of the Code of Civil Procedure regarding amendment of pleading are applicable subject, of course, to other provisions of the Representation of the People Act and the Rules made thereunder. Section 86 (5 ) of the Act reads as follows :-"86. Trial of election petitions. (5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to he amended or amplified in such manner as may in its opinion he necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. "as indicated in Section 87 (1), the procedure applicable under the Code of Civil Procedure is made applicable, but it is subject to other provisions of the Act including Section 86 (5 ). Section 86 (5) specifically contemplates the question of amendment of election petition so far as it relates to particulars of any corrupt practice alleged in the election petition. A combined reading of Section 87 (1) and Section 86 (5) makes it clear that an election petition can be permitted to be amended as per the provisions contained in Order 6. Rule 17 of the Code of Civil Procedure subject, however, to the exception that if the petition for amendment relates to question of amendment of particulars of any corrupt practice, the embargo envisaged in Section 86 (5 ) has to be complied with. In other words. Section 86 (5 ) is a restrictive clause which whittles down scope of amendment of the election petition so far as it rela