In a predictable move following his rabble-rousing references to the Sohrabuddin fake encounter killing in Godhra, the Election Commission has slapped a notice against Gujarat chief minister Narendra Modi asking him why he shouldn’t be hauled up for inciting communal passions.

Acting on a petition filed by Mumbai-based activist Teesta Setalvad, which alleged that Modi?s speech amounted to an open exhortation to violence and misuse of religion for political ends, the panel asked

Modi to submit his reply by Saturday. The EC made it clear in the notice that it would consider further action in the matter.

?The commission, prima facie, is of the view that the references to late Sohrabuddin and linking his name to terrorism, made in the speech, amounts to indulging in activity which may aggravate existing differences, creating mutual hatred and causing tension between different communities, and would involve violation of the model code of conduct,? the notice said.

In the meantime, the

Gujarat government?s special counsel in the Supreme Court KTS Tulsi, has threatened to resign from the post, if Modi did not apologise for his statement during the rally. A case against senior Gujarat police officials on the matter is pending in the apex court. Senior counsel Tulsi on Thursday demanded apology and clarification from Modi on the issue.

?How can the CM take stand diametrically opposite to that of what was stated by the state government before the Court. The position of both the CM and the government becomes untenable,? Tulsi said.

The BJP, however, took a dim view of Tulsi’s stand. ?The chief minister will talk to him. But there are other lawyers also,? BJP spokesperson VK Malhotra said. Admitting that raking up the communal issue was perhaps the biggest blunders which could have been committed by the Congress top brass, a crestfallen state Congress leader said, “Had it not been for Sonia Gandhi calling Modi a merchant of death we would have been able to wrest this election from Modi purely on the issues.?