Section 40
Pleading
(1) If the Commission has to make a petition to or institute a case being as a plaintiff in any office or court with respect to any legal right or dispute, it may, on the basis of necessity or propriety, cause the government attorney or a legal practitioner or both to prepare such a petition, file such case and make pleading therein or to prepare and file an affidavit, statement of defense, or plead and defend, in cases where anyone has instituted any proceedings, or filed any case against the Commission.
(2) In any case or legal action filed or instituted against any official and employee as well person appointed, deputed, designated or engaged by the Commission for or in any or all of the acts of election including the preparation of
Electoral Rolls, in the course of discharging such functions as required to be discharged by them under the prevailing laws in good faith, the Commission shall, on the basis of necessity and propriety, arrange for their defense through any government attorney or legal practitioner.