Mamata Banerjee refuses to step down as Bengal CM despite defeat: What happens next? | Rules explained

Mamata refused to concede defeat and said that the BJP “stole” the polls, claiming their victory was the result of a “conspiracy” against the people’s mandate.

The elections in West Bengal are over, but the political drama in the state is far from over. A day after losing the polls, an angry Mamata Banerjee, the TMC president, held a press conference in Kolkata and accused the BJP and the Election Commission of “forcefully capturing” the elections in Bengal.

Mamata Banerjee told reporters on Tuesday that she will not be resigning as CM of Bengal. (HT)

Mamata refused to accept the defeat and said that the BJP “stole” the election, claiming their victory was the result of a “conspiracy” against the people’s mandate.

The outgoing CM also lashed out at the CRPF and the EC, accusing them of supporting the BJP and ensuring the TMC’s defeat. She alleged that she and her workers were stopped from entering counting centres, even though they are legally allowed to do so. She further claimed that her workers were beaten by security forces and BJP workers during the election. Mamata added that she would take action against the EC but did not reveal what that action would be.

However, amid all the allegations and accusations, Mamata said something that suggested the Bengal election drama may not end anytime soon. She refused to step down as CM, questioning why she should resign when she had been defeated unfairly.

“No question of me resigning; we were defeated not by public mandate but by conspiracy,” she said.

Can a CM refuse to resign after losing elections? What do the rules say?

Mamata said she would hold discussions with other INDIA bloc leaders after the defeat on what needs to be done. She appears adamant about challenging the election results and could possibly take the EC to court. She and other INDIA bloc leaders may also join her in a pan-state protest against the EC. These are just some scenarios and no official word has come from her or TMC.

However, Mamata not submitting her resignation does not prevent West Bengal from getting a new CM.

The BJP has secured a clear majority in the West Bengal Assembly, while the TMC has lost. Mamata cannot continue as chief minister merely by refusing to resign. Under Article 164 of the Constitution of India, a CM holds office as long as they enjoy the confidence of the Assembly.

Once that majority is lost, her government becomes constitutionally untenable. The Governor of West Bengal can then dismiss Mamata and her council of ministers and invite the BJP to form the government. Refusing to resign does not allow her to stay in power indefinitely; without majority support, she will be removed.

What are experts saying?

Experts have weighed in on Mamata Banerjee’s assertion that she will not resign as chief minister despite questions over her majority, with constitutional interpretations taking centre stage.

Vikas Singh, president of the Supreme Court Bar Association, said the continuation of a chief minister in office is subject to the “Doctrine of Pleasure” under the Constitution, particularly when majority support is in doubt. He noted that there have been precedents where a sitting CM, after losing majority in the assembly, refused to resign, following which the Governor stepped in.

"I don't think Mamata Banerjee will have any right to oppose the formation of the new Govt. It's more of a posturing or a public statement meant to evoke sympathy rather than a constitutional step…..in a situation like this, which is definitely extraordinary, if the CM says "I will refuse to resign", she can be easily asked to step down and a new person be administered oath," said Singh.

Constitution expert and former Lok Abha secretary general PDT Achary told PTI that Banerjee would have no option but to step down once a new chief minister is sworn in. “There cannot be two chief ministers in a state,” he said, pointing to the basic constitutional principle governing executive authority.

Senior advocate Ajit Sinha echoed the view, stating that the moment a new chief minister assumes office, the incumbent is “deemed to be out.”