JUDGMENT M.P. Singh, J. - Heard learned counsel for the petitioner and the learned Standing Counsel. 2. This writ petition has been led. against the order dated 28-3-1989 passed by the Sub-Divisional Officer, Jaunpur summoning the ballot papers. 3. The petitioner was elected as Pradhan of Village Manwal, Pargana Haveli, Tahsil and District Jaunpur on 5-6-1988. An election petition under Section 12-C of the U.P. Panchayat Raj Act was filed by the respondent No. 3. During the pendency of that petition an application was filed by the respondent No. 3 praying that the ballot papers may be summoned and the same may be inspected and re-counting may be done. The Sub-Divisional Officer allowed the application only for summoning the ballot papers. No orders for recounting was passed. 4. In the case reported in 1985 UPLBEC 317- Ham Adhar v. State it has been held that the inspection of the ballot papers and recounting can only be made after the parties have led evidence and a prima facies case has been made out. In view of this Full Bench Judgment, the learned Sub-Divisional Officer is directed to record the evidence of the parties and in case a prima facie case is made out for inspection and recounting, then he may consider the same and pass fresh order. Unless the evidence is led, inspection or recounting of the ballot papers is not permissible. He has to act according to law laid down in the said judgment. 5. With these observations, the writ petition is disposed of. 6. A certified copy of this order may be given to the learned counsel for the petitioner within three days on payment of usual charges.