A day after the BJP emerged victorious in the West Bengal Assembly elections, TMC chief Mamata Banerjee on Tuesday said she would not resign as Chief Minister, insisting that her party had not lost the mandate
and alleging that the verdict had been “looted”.
“I have not lost, so I will not go to Raj Bhavan. I will not tender my resignation,” Banerjee told reporters at a press conference in Kolkata.
She claimed that the BJP’s mandate was the result of manipulation, reiterating her charge that nearly 100 seats had been “stolen” in the election.
Escalating her attack, Banerjee accused the government and the Election Commission of India of acting in concert.
“This is not how democracy works. When the judiciary is not there, when the Election Commission is biased and the government wants one-party rule, a wrong message goes out to the world,” she said.
The Trinamool chief alleged that the poll body had played “nasty games”, asserting that her real opponent was not the BJP but the Election Commission itself.
Accusing the Centre of “direct interference”, Banerjee claimed that elections had earlier been “stolen” in states such as Maharashtra, Haryana and Bihar, and that Bengal had now met the same fate.
While refusing to spell out her party’s political strategy going forward, Banerjee said leaders of the INDIA bloc had reached out to her and assured their support.
What The Rules Say
Under India’s constitutional framework, the continuation of a Chief Minister in office is governed more by convention than by an explicit provision detailing every step.
The key principle is that a Chief Minister must enjoy the confidence of the State Legislative Assembly. Once Assembly election results make it clear that the incumbent no longer commands a majority, constitutional convention requires the Chief Minister to resign and tender the resignation of the Council of Ministers to the Governor.
If a Chief Minister does not step down voluntarily, the Governor is empowered to act.
Article 164(1) of the Constitution states that ministers hold office “during the pleasure of the Governor”. If it is evident that the Chief Minister has lost majority support, the Governor can dismiss the Chief Minister and the Council of Ministers.
In such a situation, the Governor may either invite the leader of the majority party or coalition to form the government or ask a claimant to prove their majority on the floor of the Assembly.
In Bengal’s case, the election results clearly indicated that the Trinamool Congress no longer commands a majority in the Assembly. Now, the next move rests with the Governor of West Bengal.
If Chief Minister Mamata Banerjee continues to refuse resignation, the Governor can formally assess the situation by examining the final seat tally and party positions.
Once it is evident that the incumbent government lacks majority support, the Governor is empowered to withdraw the “pleasure” under Article 164(1) of the Constitution and dismiss the Council of Ministers.
