West Bengal Chief Minister Mamata Banerjee’s party, the Trinamool Congress (TMC), has lost the assembly elections. Following the crushing defeat after 15 years, Mamata Banerjee held a press conference and clearly stated that she will not resign from the post of Chief Minister. The question now is: how can this happen? If Mamata Banerjee does not resign, how will a new Chief Minister be elected? Let’s explore the rules regarding this and what powers the Governor has in such a situation.
If a Chief Minister does not resign, the Governor has special powers. The Governor can first demand the resignation of the defeated Chief Minister, and if he refuses, he can immediately dissolve the Assembly. In such a situation, the Governor can dismiss the Chief Minister. If the Chief Minister takes any action or a major crisis arises, the Governor can recommend President’s rule under Article 356. This occurs in cases where the constitutional machinery in the state fails. However, in the case of West Bengal, the election results have been declared, and it is now clear who will form the government in the state.
Under Article 164, the Governor has the power to appoint a new Chief Minister and administer the oath of office. After the defeat of the government and the dismissal of the Chief Minister, the Governor can choose the leader of the legislative party as Chief Minister, after which a new government can be formed. This means that even if Mamata Banerjee does not resign, she cannot remain the Chief Minister of West Bengal after the mandate.
Following the election defeat, Mamata Banerjee has alleged that the BJP stole 100 seats. During a press conference, she stated that the fight was not with the BJP but with the Election Commission. Mamata Banerjee said, “I haven’t lost, so I won’t resign.” Banerjee also said she was assaulted at the counting center.
The term of the West Bengal Legislative Assembly ends on May 7th. In this situation, there won’t be much of a constitutional problem. In such a situation, the Assembly will automatically be considered dissolved by May 8th, and a new government will be necessary. Whether or not Mamata Banerjee resigns as Chief Minister will then be irrelevant.