The Election Commission has issued a show-cause notice to Congress leader Rahul Gandhi over his remarks targeting Prime Minister Narendra Modi at recent rallies in poll-bound Rajasthan.
Gandhi has been asked to respond by Saturday evening.
Addressing a rally in the poll-bound state, the Congress leader had used a 'panauti' barb against Modi after India lost to Australia in the World Cup cricket final in Ahmedabad, a match attended by the prime minister.
‘Panauti’ is a Hindi slang which loosely refers to someone who brings bad luck.
"PM means panauti Modi," the former Congress president had said in his speech, drawing sharp reaction from the Bharatiya Janata Party.
The saffron party had approached the poll panel against Gandhi, saying it was "unbecoming" of a senior leader to use such language.
The poll panel, while reminding the Congress leader of the Model Code of Conduct, observed that the expression "panauti" ex-facie falls in the equity of the prohibition of section 123 of the Representation of the People Act, dealing with corrupt practices.
“Clause 2, sub section (ii) of section 123 states that any person who induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such a candidate or elector,” the notice said.
The Election Commission also referred to its general advisory in which the panel had raised concerns at the "plummeting level of political discourse" during electioneering.
The panel also mentioned a Supreme Court order which said the right to reputation is considered to be an inextricable part of the right to life protected by Article 21.
"Accordingly, you are requested to provide your explanation on the allegation made and to show causes as to why action as deemed fit for alleged violation of Model Code of Conduct and relevant penal provisions is not initiated by the commission,” the notice said.