Srinagar, Sep 28: The BJP has moved a notice for a resolution seeking the removal of Jammu and Kashmir Legislative Assembly Speaker Abdul Rahim Rather, accusing him of “sustained breaches of constitutional and procedural discipline.”
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 party MLAs on Monday.
In the resolution, the members stated that the motion was necessitated by the Speaker’s alleged failure to impartially discharge his constitutional responsibilities.
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.
Specifically, 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.
The resolution concluded by stating that the House, having regard to these alleged departures, resolves to declare Abdul Rahim Rather removed from the office of the Speaker of the Jammu and Kashmir Legislative Assembly.
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