The EC gave him 24 hours to respond to the notice saying prima facie he is guilty of violating the provisions of the model code. Giving instances of his remarks, the EC said on one occasion, he had allegedly said that "fascists are trying to kill him".
On another occasion, he had allegedly claimed that the prime minister has killed Muslims.
He had also allegedly said that criminals were occupying constitutional posts, in an apparent jibe at Rajasthan Governor Kalyan Singh. The EC pointed out that FlRs have been registered under various sections of the Indian Penal Code and the Representation of the People Act against him in the cases.
The notice also pointed out that the Supreme Court has noted that religion and caste cannot be used by anyone while making any statement during electioneering.
"Now, therefore, the Commission, after considering the available material and extant instructions on the matter, has decided to provide you an opportunity to explain your stand regarding the said statements. Your explanation shall be submitted within 24 hours of receipt of this notice, failing which the Commission shall take a decision without further reference to you," it said.
The Commission had on Monday barred Khan from campaigning for 72 hours beginning Tuesday morning for remark against Jaya Prada, a BJP candidate.
The EC reprimanded Khan saying his "indecent", "derogatory and totally uncalled for" statement violated the model code of conduct and banned him from holding any public meetings, processions, rallies, road shows and interviews or public utterances in media in connection with the ongoing elections for 72 hours from 6 a.m. on Tuesday.
While Tuesday's ban is pan India, Khan had faced a similar UP-centric ban in the 2014 Lok Sabha polls for his inflammatory remarks.