(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.
Prosecution regarding certain offences.
44. A special court notified by the State Government in consultation with the High Court of Punjab and Haryana shall have jurisdiction in respect of the following matters, namely—
(a) any petition involving a question of dispute wherein any person is a Sikh or is not a Sikh for the purpose of registration as a voter or contesting election as a member or co-option as member of the Committee;
(b) a petition involving a question whether for the purpose of election as member of the Committee a person is qualified or disqualified.
(c) petitions arising out of any type of disputes between the Committee and its employees including former employees.
Jurisdiction of Courts in other matters.
62 SIKH GURDWARAS (MANAGEMENT) [2014 : Hr. Act 22 Appeals. 45. (1) Any person aggrieved by an order passed by the special court as notified by the State Government, in consultation with the High Court of Punjab and Haryana, may, within ninety days of the order, prefer an appeal to the High Court of Punjab and Haryana at Chandigarh and the orders of the High Court on such appeal shall be final.
(2) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), so far as may be, shall apply to appeals under this section.
CHAPTER-VI HARYANA SIKH GURDWARA JUDICIAL COMMISSION Judicial Commission and its functions.