He said this decision was taken by the Attorney-General’s Chambers (AGC) as justice must also be seen to be done.

“As the neutral arbiter in the conduct of elections, the EC should not be represented by the AGC members because of potential conflict of interest,” he said.

Thomas said members of the government were invariably parties to such election petitions and it was invidious for the AGC to also act for the EC, he said in a statement.

As such, he said the EC must appoint lawyers of its choice to represent it in legal proceedings.

Thomas said the primary duty of the AGC was to act as the legal adviser to the government, led by the prime minister, and to represent it in civil and criminal proceedings.

He said the EC was established at the time of Merdeka to be an independent and impartial agency to conduct elections freely and fairly.

He said it was intended to be neutral when it came to political parties competing with each other for the right to be chosen by voters to govern them for a maximum period of five years.

He said the Malaysian legal system also established ad hoc election courts to hear and determine petitions for disputes arising from the conduct of elections by the EC and its staff.

Legal minds: EC should not be defended by AG but by private lawyers