Prosecution regarding certain offences.

(1) If the Elections Commissioner has reason to believe that any offence punishable under section 35 or under section 40, or under clause (a) of section 42 has been committed in reference to any election, it shall be the duty of the Gurdwara Elections Commissioner to cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case warrant him to require. (2) No Court shall take cognizance of any offence punishable under section 35 or under section 40 or under clause (a) of sub- section (2) of section 42, unless there is a complaint made by order of, or under authority from the Commissioner, Gurdwara Elections.