The Election Commission has issued a show cause notice to Congress general secretary Randeep Singh Surjewala over his “undignified, vulgar and uncivilized” remarks on BJP MP and film star Hema Malini and asked him to reply by 5pm on April 11 as to why appropriate action for violation of Model Code of Conduct should not be taken against him.

Separately, the EC has also shot a letter to Congress president Mallikarjun Kharge over the “repeated violations” made by senior leaders of the party. The EC asked Kharge to inform the poll body “the steps taken by the party to ensure strict compliance of the Commission’s advisory relating to honour and dignity of women during public discourse” by April 12.

“It is unfortunate that despite the Commission bringing it to the notice of the party at your level, the campaigners of Indian National Congress are still indulging in utterances that are repugnant to the honour and dignity of women,” the EC wrote to Kharge in a letter signed by senior principal secretary Narendra Nath Butolia.

The EC had received a written complaint against Surjewala over his comments on Malini, a two-term MP from Mathura.

Earlier this month, the Congress’ social media in-charge Supriya Srinate was pulled up by the top poll body for her remarks against BJP candidate and national award-winning actress Kangana Ranaut.

Taking a tough stand over derogatory comments against women, the EC’s notice to Surjewala invoked Clause (2) of Part I General Conduct of Model Code of Conduct for the Guidance of Political Parties and Candidates that states, “Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties…”

The EC also referred to para 3.8.2(ii) of Manual on Model Code of Conduct, 2019 that stated, “Nobody should indulge in any activities or make any statements that would amount to attack on personal life of any person or statements that may be malicious or offending decency and morality.”

“It has been further alleged that the following comments made by you have not only caused great insult to Smt. Hema Malini and disrespect to her position as a Member of Parliament, but also heaped insult upon all women legislators and women in public life or otherwise,” the EC wrote to Surjewala.

“On careful examination, the comments have been found to be highly undignified, vulgar and uncivilised and to be prima facie violative of the aforesaid provisions of the Model Code of Conduct and the Commission’s above-referred advisory dated 1ª March 2024,” the EC said.

The poll commission reminded the Congress leader of the Supreme Court’s judgment in the ‘Subramaniam Swamy vs Union of India & Ors’ case that said, “If freedom of speech and expression is protected by Article 19(1)(a) of the Constitution, the right to reputation is also considered to be an inextricable part of the right to life protected by Article 21 and balancing these two rights is a constitutional necessity.”

It also said, “The Commission has received a complaint dated 5 April 2024 wherein it is alleged that you have made sexist, vulgar and unethical public utterances against the dignity of BJP Member of Parliament, Smt. Hema Malini while campaigning in Haryana which are violative of the provisions and Model Code of Conduct.”

The panel wrote to Kharge saying, “The Commission’s advisory very unambiguously states that the political parties and candidate should refrain from any deeds/actions/ utterances that may be construed as being repugnant to the honour and dignity of women. It was also emphasized therein that social media posts vilifying and insulting the rivals or posts which are in bad taste, or which are below dignity are not to be posted or shared.”

Expressing displeasure at another incident of undignified utterance by a senior Congress leader after Srinate, the EC told Kharge, “It is unfortunate that despite the Commission bringing it to the notice of the party at your level, the campaigners of Indian National Congress are still indulging in utterances that are repugnant to the honour and dignity of women.”