In Re the Nomination Petition of Wagner

ZAPPALA, Justice,

dissenting.

In Beynon Appeal, 370 Pa. 532, 88 A.2d 789 (1952) we held that form should not be exhalted over substance. As long as a candidate is apprised of what objections to his *589nomination petition he must defend, granting leave to amend the petition challenging the nomination petition is proper. Under the facts of this case, the proposed amendment was an extension of the existing challenges not a new challenge. The appellee ab initio was on notice that the validity of the signatures on his nomination petition was being challenged. In fact, at no time has the appellee asserted that he was unaware of the objections nor prevented from properly defending the same. Accordingly, I would permit the amendment.