Judgment J.S.Narang, J. 1. The petitioner-appellant challenged the election of Joginder Singh, respondent whereby he had been declared elected as a Sarpanch of Village Rori, Tehsil Balachaur, District Nawanshahr. The election has been challenged on the ground that the successful candidate i.e., respondent could not participate in the election due to the fact that he was a full time salaried employee of Food Corporation of India in Adampur Depot, District Jalandhar. 2. Learned Counsel for the appellant before the Tribunal has alleged that the respondent apart from being a daily wager, has been a regular employee of Food Corporation of India. In this regard, he has produced muster roll. However, in the muster roll, he has been shown as an employee of Food Corporation of India and has drawn salary from October 1997 to April, 1998, then May, 1998 to July, 1998 and that his presence has been marked in the attendance register which has been exhibited as Ex. Mark-A. The document shows the deduction of Contributory Provident Fund and recovering of the Government dues effected from the salary. 3. On the other hand, the respondent has set up the pleas that he was serving as a daily wage employee in the Food Corporation of India and that the said organisation has not been funded by the State Government and resultantly, the organisation cannot be termed as State within the meaning of Article 12 of the Constitution of India. Resultantly, he cannot be said to have incurred any disqualification. 4. Learned counsel for the appellant has placed reliance upon a judgment rendered in re : 1998 P.L.J. 617 whereby it has been categorically held that Food Corporation of India is a statutory body. Resultantly, the petition has been accepted and the election of the respondent Joginder Singh has been held to be void. It has been further observed by the Tribunal that the election be held afresh. 5. It is this portion of the order which has been challenged by way of present appeal. It has been argued that in view of the provisions envisaged under Section 79 of the Panjab State Election Commission Act, 1994, in case where there are only two contestants and the candidate who has lost the election challenges the election and if the election of the returned candidate is set aside, the petitioning candidate would be declared elected by the Tribunal. The said provision reads as under:- "79. Relief that may be claimed by the petitioner - A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim further declaration that he himself or any other candidate may be declared as duly elected." Reliance has also been placed upon a Division Bench judgment of this Court rendered in re : Balwant Sigh v. Chattar Singh, (1995-1)109 P.L.R. 120, wherein it has been held that when the election to the panchayat is challenged by one of the two candidates who has lost the election, in the eventuality when the election is set aside, the prescribed authority is required to declare the petitioning candidate as elected. 6 However, this proposition stands settled by the apex Court while interpreting the provisions contained under the Representation of People Act. It has been observed by the apex Court that in a case where there are more than 2 candidates in the fray, the petitioning candidate cannot be declared elected and that the only course open is that the election be held afresh. If there are only two candidates, the petitioning candidate shall have to be declared elected. 7. In view of the above, the appeal is allowed and the order of the Tribunal dated 28.8.2001 is modified to the extent that the petitioning candidate i.e. Ram Dass stands elected as Sarpanch of village Rori Tehsil Balachaur, District Nawanshahr. No costs.