Srinagar, Sep 28: The BJP on Monday moved a no confidence motion for removal of Legislative Assembly Speaker Abdul Rahim Rather, accusing him of "sustained breaches of constitutional and procedural discipline."

As the House met in the morning, BJP MLA R.S. Pathania said he has moved a no-confidence motion seeking the removal of Speaker Abdul Rahim Rather, alleging that the House had exceeded its jurisdiction on the issue of autonomy.
The notice submitted under Section 19(2)(c) of the Jammu and Kashmir Reorganisation Act, 2019, read with Rule 215 of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly was given by members of BJP on Monday.
In the resolution, the BJP members stated that the motion was necessitated by the Speaker's alleged failure to impartially discharge his constitutional responsibilities.
According to the notice, the primary ground for the motion is "constitutional transgression and disregard of binding constitutional position."
The BJP members alleged that the Speaker permitted the House to entertain and repeatedly deliberate upon matters that seek to "revisit, alter or question" constitutional questions already authoritatively determined by the Constitution Bench of the Supreme Court in the Article 370 case.
"The Chair has thereby permitted proceedings which disregard the binding constitutional framework and seek to urge the Union Parliament to undertake action contrary to, or inconsistent with, the settled constitutional position and its legislative ambit," the resolution stated.
The second ground cited was "repeated violation of Rules, precedents and parliamentary conventions." The notice alleged that the Speaker repeatedly permitted matters to be taken up in disregard of the Rules of Procedure and Conduct of Business, established parliamentary practice, precedents, and conventions.
The BJP members claimed that matters currently sub-judice and barred from consideration, discussion, or admission were being "brazenly allowed to be tabled and listed in business."
"Such conduct undermines orderly parliamentary procedure and risks converting the House from a forum for constitutionally permissible legislative business into an arena for political posturing and partisan advocacy," the notice read.
Responding to Pathania’s motion, Speaker Rather said the BJP legislator had not interpreted the relevant rules correctly under which the motion was moved by him.
Rather said he had not seen the notice and, as per rules, the motion would be listed and could be raised after 14 days.
The issue soon triggered a heated exchange, with Leader of the Opposition Sunil Sharma saying Jammu and Kashmir was a sensitive region and that references to the pre-1953 position were unconstitutional.
Referring to the autonomy resolution passed by the Assembly in 2000, Sharma said it had been thrown in the dustbin when Chief Minister Omar Abdullah was serving as a union minister in a BJP-led government at the Centre.
The remarks came as Rather sought to proceed with Question Hour, leading to noisy scenes in the House.
Deputy Chief Minister Surinder Choudhary hit back at the BJP over its objections, questioning the argument that the border situation should be cited as a reason to delay restoration of statehood to Jammu and Kashmir.
He also recalled Union Home Minister Amit Shah's assurance that statehood would be restored to Jammu and Kashmir and questioned why it had not been done so far.