The EC said the defiance by a union minister of the Constitutional body was "unprecedented" and his "improper and unlawful action" has put a strain on the delicate balance of functions between Constitutional authorities.
The strongly-worded two-page letter was written to the President after an emergency meeting of the full Commission in the wake of Khurshid's statement earlier in the day that he would continue to pursue the line on nine percent sub-quota for minorities 'even if they hang me'.
The EC had earlier censured him for the same statement made on January 8 while campaigning in Uttar Pradesh elections, holding that it was violative of the Election Model Code of Conduct.
"The Commission is shocked that instead of being remorseful about the violation of the Model Code, that carries the consensus of all political parties and the sanction of the Supreme Court, the Minister has chosen to be defiant and aggressive. This is unprecedented," the EC letter said.
Addressing an election rally in Khatakpur locality last night, the law minister said that Election Commission had censured him, but even if the "Commission hangs him or does anything else, he would ensure that people of Pasmanda community get their rights".
"Can't I even say that Pasmanda Muslims would get their due?" he said, adding that Congress was set to hoist the tricolour in the state assembly after 22 years.
The Commission had censured Khurshid for his remarks on sub-quota for minorities, finding them to be a violation of the model code of conduct for elections.
The EC said the defiance by a union minister of the Constitutional body was "unprecedented" and his "improper and unlawful action" has put a strain on the delicate balance of functions between Constitutional authorities.
"The Commission is shocked that instead of being remorseful about the violation of the Model Code, that carries the consensus of all political parties and the sanction of the Supreme Court, the Minister has chosen to be defiant and aggressive. This is unprecedented," it said.
"The Commission is approaching you with serious dismay and a deep sense of urgency that requires your kind intervention in the midst of the poll process in the state of Uttar Pradesh," said the EC letter to President.
The EC cited "certain statements and announcements" made by Khurshid during the course of his campaign in UP, one of which was to the effect that the Congress would provide a quota of 9 percent reservation to the minorities within the existing quota of 27 percent for OBCs.
"He (Khurshid) also indicated that Muslims having a sizeable population will be benefited from this move," the letter noted.
The EC pointed out that it had censured Khurshid for these statements but today he said he would continue to pursue that line "irrespective of whatever the Commission directs".
The EC found "the tone and tenor of the Union Minister dismissive and utterly contemptuous about the Commission's lawful direction to him, besides the fact that his action is damaging the level playing field in the election," the letter said.
Underlining that the "response of a union minister and that too, the law minister, to the Commission's decision in a MCC (Model Code of Conduct) case has created a disturbing situation", the EC said, "we find the immediate need to draw attention of the Executive to the fact that the onus of holding free and fair polls falls on all organs of the State."
The Commission said it is "quite concerned that the delicate balance of functions between constitutional authorities has come under a strain, because of the Minister's improper and unlawful action."
The Election Commission "finds it necessary and unavoidable to turn to you at this juncture for immediate and decisive intervention so that the ongoing general election to the Uttar Pradesh assembly is conducted, and this Commission discharges its functions, in accordance with the Constitution and the law," the letter to the President said.
In its letter, the Commission also referred to its earlier order passed two days back holding that Khurshid had indeed violated the Model Code of Conduct.
In its earlier order, the Commission had said it "cannot help expressing its deep anguish and disappointment over his (Khurshid's) violation of Model Code of Conduct.
"As a union minister for law and minorities affairs, he has an added responsibility of ensuring that the Model Code of Conduct is observed in letter and spirit so that elections are conducted in a free and fair manner and all political parties enjoy a level-playing field in the matter of their election campaigns.
"In the above circumstances, the Commission hereby censures Sh. Salman Khurshid and hopes and expects that such violations of model code of conduct would not be repeated by him in future."
Congress mum on EC step against Khurshid
Congress tonight avoided commenting on the Election Commission's letter to President Pratibha Patil seeking "immediate decisive" action against a "defiant and aggressive" law minister Salman Khurshid for his remarks on job quotas for minorities.
"We have not gone through the letter written by the EC to the President. We will get back to you after we go through it," Congress spokesman Rashid Alvi said.
"Ask Salman," was the pithy remark of a senior Congress leader when reached for comments on the poll authority's unprecedented step against the law minister. A number of phone calls and text messages to Khurshid remained unanswered.
The EC had earlier censured him for the same statement made on January 8 while campaigning in Uttar Pradesh elections, holding that it was violative of the Election Model Code of Conduct.
BJP seeks Khurshid's immediate dismissal
"We demand his immediate sacking from the union cabinet and ask the Prime Minister to clarify the stand of the government," said BJP vice-president Mukhtar Abbas Naqvi who had earlier complained to the EC against Khurshid's defiance despite his censure by the poll body.
"Today, an extraordinary situation has arisen. There is a serious conflict between two constitutional authorities because of the action of some ministers of the Union cabinet," said Naqvi.
The BJP leader said the President of India and the Prime Minister should immediately intervene "in this extra-ordinary situation as this is the first time such a situation has arisen in the history of democratic India."
He said the law minister had challenged the EC's earlier order and said that "religion-based unconstitutional reservation will exist even if the EC exists or not".
