The Commission, in its meeting chaired by Chief Election Commissioner V S Sampath, decided to issue the notice after prima facie finding that Vaghela had violated the Model Code of Conduct by making speeches in Surat that made references to the post-Godhra violence.
"You have prima facie violated the Model Code of Conduct by inciting the communal feelings of the people through your speech made at a particular meeting at BRC gate ground in Surat on October 31," the EC said in its notice.
The Commission has asked Vaghela to reply by 5 PM on November 15 as to why action should not be initiated against him for violating the Model Code of Conduct, besides the Representation of People Act and certain IPC provisions.
The Commission's decision to issue the notice came after it received complaints by BJP against Vaghela, following which the Chief Electoral Officer, Gujarat, and the District Electoral Officer, Surat, gave their reports.
It had also received video-recording and transcripts of the speeches and those were seen before issuing the notice.
Vaghela had in his October 31 speech made references to the Godhra incident and recollected the post-Godhra killings. This was seen by the BJP as a brazen attempt to woo the Muslim votebank.
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The former Gujarat chief minister is reported to have reminded the voters about the post-Godhra violence and charged the Modi-led Gujarat government of having orchestrated them in his speeches.
The notice further read, "Whereas the Commission has obtained the CD of the proceedings and transcript of the above mentioned meeting where you have made the following objectionable and inflammatory speech."