Notice to Kharge smacks the Chief Election Commissioner's ulterior motives 

The Indian National Congress President Kharge’s comments are not violative of MCC or any other laws.
The Election Commission’s notice for violating the Model Code of Conduct for the use of derogatory remarks against PM Modi does not speak about the national politics but personalised the opponents contents of smacks of ulterior motives and an attempt is being made to deliberately overlook the clear and unequivocal explanation about the context in which the words were uttered so as to find some way to take action against the Congress president.

The Chief Election Commissioner and his companion ECs, ought to have taken note of under what circumstances Kharge’s comments do not violate the MCC or any other laws. This clarification was already available in the public domain and by relying only on a quote taken out of context by the complainant and not looking at the entire comment, there does not seem to be any application of mind by the officials before hastily issuing this notice.

While clarifying the contention Kharge says, he never said the Prime Minister Narendra Modi is a terrorist... What he  meant, that he wanted to clarify, is that Modi always threatens. The institutions like ED, I-T and CBI are in his hands. Kharge wants to take delimitation also into his hands. Therefore he said, in that context, he is terrorising people and political parties. Kharge never said he is a terrorist.

Expressing surprise at the short amount of time given to the Congress President to reply to the charges levelled against him in the notice in 24 hours, the nation seeks time to file a detailed response within one week and also for a senior delegation of Congress leaders to present the same.

In the meantime, the office of the Opposition Leader in the Upper House filed the summary reply, stating that CEC would have been aware this is certainly not sufficient time given that the Congress President is in the middle of multiple campaigns. It almost seems the CEC is executing the notice as a formality rather than as an act in discharge of natural justice.

Kharge received two notices with the same number, F. No. 437/TN-LA/2026/SS-I (MCC Complaint) both dated 22.04.2026 and signed by two different officials of the Commission. If one of the notices was withdrawn, there is no mention of it in either of the notices. Nation would like to draw the CEC's attention to the fact that one of the notices even mentions that the so-called violation of the model code of conduct was based on a complaint by Derek O'Brien of the TMC dated 21.04.2026. The other notice which is also uploaded on CEC's website has strangely dropped his name as the complainant.

It shows the casual and routine manner in which the Commission is issuing show cause notices merely on the basis of ruling party's complainants' versions and without any application of mind and by giving a time of mere 24 hours to file responses. There is also a need to draw attention to recent MCC violations committed by PM Modi and Home Minister Amit Shah.

First, the PM’s address to the nation after the failure of this government to pass the 131st Constitutional Amendment. Aside from the PM's unsuccessful attempt to camouflage that as a defeat for Women's Reservation, it violates the Model Code of Conduct. This is amply evident from his numerous attacks on the Indian National Congress by name including where he accused the Congress of foeticide

The social media posts of Amit Shah making promises during the recent election campaign needs to be taken notice and since there is no fair play by the CEC, as it did not consider this as a policy pronouncement.

It is a clear promise of exchange and thus hit by the language of Section 123 of the Representation of People Act, 1951. These are clear violations of election law which Amit Shah's and PM Narendra Modi mentioned against MCC should have attracted the suo moto attention of the ECI, but it has not been done so.

There is every need to repeal the present set up of the Election Commission and give a reasonable cause for the existence of law concerning appointment of CEC and other commissioners.