What happens if Mamata doesn't resign? Experts weigh in

Following Mamata's defiant stance, legal experts are suggesting that West Bengal Chief Minister Mamata Banerjee should resign or risk being dismissed by the governor.

West Bengal Chief Minister Mamata Banerjee must resign following her defeat in the assembly polls or the governor can dismiss her, experts said on Tuesday after she refused to step down.

Some of the experts said that Banerjee's term as the chief minister would automatically come to an end the moment a new person takes over after being invited by the governor to form the government. Also, they noted, her term and that of the outgoing assembly will end on May 7. 

Constitutional Experts Weigh In On West Bengal Leadership

Constitution expert and former Lok Abha secretary general P D T Achary told PTI that Banerjee has no option but to go after a new chief minister is sworn in. "Because there cannot be two chief ministers in a state," he said.

Senior advocate Ajit Sinha said once the new chief minister takes over, "she is deemed to be out of the office".

Achary also underlined that she was elected to the outgoing legislative assembly. Its term ends on May 7. "As per constitutional provisions, a government is accountable to the legislature. Once the term ends, the government too has to go," he noted.

The only provision for her to stay is when the governor asks the government to continue for a few days, he said.

Banerjee, in her first media interaction after the BJP defeated her Trinamool Congress (TMC), ruled out stepping down as the chief minister and dared the constitutional functionary to take action.

Addressing a press conference in Kolkata, Banerjee alleged large-scale irregularities in the counting process, claiming that the mandate in nearly 100 seats "was looted" and that counting was deliberately slowed down to demoralise her party.

" The question of my resignation does not arise, as we were defeated not by a public mandate but by a conspiracy. I did not lose; I will not go to Lok Bhavan. They can take action as per constitutional norms," she told reporters.

Legal Perspectives on the West Bengal Political Situation

Asked about constitutional or legal options available to the West Bengal governor owing to Banerjee's assertion, senior advocate and constitutional law expert Rakesh Dwivedi said political morality and constitutional discipline demand that she resign.

"But, in any case, there is a new legislative assembly elected and soon some BJP leader would stake a claim and would be appointed CM by the governor. The governor will dismiss her (Banerjee) if she doesn't resign," Dwivedi said.

Senior advocate and former Supreme Court Bar Association President Dushyant Dave said, "He (Governor) must dismiss her".

Senior advocate Ajit Sinha said Banerjee has to resign or else she will be out once the new incumbent takes over and proves a majority on the floor of the House.

"Mamata Banerjee has to resign. As per constitutional provisions, the governor has to call the party having a majority to form the government and it has to prove the majority on the floor of the House... Once the new incumbent takes over, she is deemed to be out of the office," Sinha said.

Governor's Role in Forming the New Government

Another senior advocate, Amit Anand Tiwari, referred to the Sarkaria Commission report and judgments, including in the SR Bommai case on the governor's power and discretion in the formation of a new government, and said the governor is not bound by the aid and advice of the Council of Ministers at the time of inviting a political party.

He said while exercising the discretion to form a government, precedence should be given to the party that has the majority on the floor of the House or a pre-poll or post-poll alliance that has the majority.

"Now, in the case of West Bengal, there is no doubt as to which is the single largest party with a majority in the House. The BJP has seats in excess of 200 out of 294 seats in the Assembly. They have the majority. There is absolutely no discretion to the governor not to call the BJP to form the government," Tiwari said.

"As far as Mamata Banerjee saying that she will not resign as the CM, there is no question. Her term as the CM and the term of the state assembly have come to an end and she is no longer the CM of the state. The moment a new person takes the oath, she is out," Tiwari said.

The Convention of Resignation in Political Transitions

Senior advocate Shoeb Alam said Banerjee may have her disagreements with the conduct of the election process and the result, but a chief minister cannot occupy the post in contravention of the people's mandate.

"Her term as CM and her cabinet's tenure lasts only for a five-year term. Once the governor swears in the new chief minister and the new cabinet, then they are in charge," Alam said.

He said there is no process of stepping down or transfer of power that is dependent on the handing over of charge by the previous chief minister.

"Resignation is a mere convention - only to establish continuity," Alam said.

Banerjee ruled out stepping down as chief minister, alleging that the West Bengal assembly poll result was "not a people's mandate but a conspiracy", while vowing to take the battle to the streets and strengthen the opposition INDIA bloc.

"They can take action as per constitutional norms," she said, without elaborating.

The BJP secured 207 seats in the 294-member assembly, ending the TMC's uninterrupted 15-year rule in West Bengal and marking a decisive shift in the state's political landscape.