Kolkata | Alleging that the West Bengal assembly poll verdict was "not a people’s mandate but a conspiracy", TMC supremo Mamata Banerjee on Tuesday refused to resign as chief minister, opening up a constitutional grey zone and a political confrontation in the state.
A day after the BJP sealed a landslide victory with 207 seats in the 294-member assembly, ending the Trinamool Congress’s uninterrupted 15-year rule, Banerjee dismissed the outcome as "engineered" and asserted that her party was fighting the Election Commission, not the BJP. The TMC could only manage 80 seats.
"Why should I step down? We have not lost. The mandate has been looted. Where does the question of resignation arise?" she said, doubling down on her refusal to vacate the office.
"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," she asserted at a packed press conference, her tone oscillating between grievance and combativeness.
Banerjee alleged large-scale irregularities in counting, claiming nearly 100 seats were "looted" and that the pace of counting was deliberately slowed to sap her party’s morale.
"We were not fighting the BJP; we were fighting the Election Commission, which was working for the BJP. I have never seen such an election in my entire political career," she said.
"A black chapter in history has been created. The Chief Election Commissioner has become the villain," she added, escalating her attack on the poll body.
Yet, beyond the rhetoric, Banerjee’s refusal to resign has opened up a constitutional grey zone.
According to constitutional experts, a scenario in which a chief minister, after losing an election, declines to step down has never been envisaged.
Significantly, experts note that there is no precedent in India of a defeated chief minister refusing to resign after losing an assembly election. If Banerjee persists with her stance, it could mark an unprecedented moment in the evolution of India’s parliamentary democracy.
Constitutional expert and former Lok Sabha secretary general P D T Achary told PTI that Banerjee "has to go" once a new chief minister takes the oath. "There cannot be two chief ministers in a state," he added.
He 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.
Asked about the constitutional or legal options available to the West Bengal Governor following Banerjee's assertion, senior advocate and constitutional law expert Rakesh Dwivedi said political morality and constitutional discipline demand her resignation.
"But, in any case, a new legislative assembly has been elected, and soon a BJP leader will stake a claim and be appointed chief minister 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 must resign, or 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 the constitutional provisions, the Governor must call the party having a majority to form the government and prove that majority on the floor of the House... Once the new incumbent takes over, she is deemed to be out of the office," Sinha said.
When the Left Front’s 34-year rule ended in 2011, then Chief Minister Buddhadeb Bhattacharjee promptly drove to Raj Bhavan to submit his resignation to Governor Gopalkrishna Gandhi after conceding defeat. He relinquished the trappings of office without delay, symbolising an orderly democratic transition.
Banerjee, who rode to power that year on the crest of an anti-Left wave and fashioned herself as a street-fighter-turned-administrator, now appears to be returning to that agitational idiom.
"As long as I was in the chair, I tolerated many things. Now I am a free bird, an ordinary person. I am a street fighter. I will remain on the streets and fight all atrocities," she said.
At the same time, she indicated that constitutional options remain open. "They can take action as per constitutional norms," she said, without elaborating, a remark that leaves room for gubernatorial or legal intervention should the situation escalate.
Banerjee also sought to pivot to the national stage, emphasising that she will work on strengthening the opposition INDIA bloc.
"INDIA bloc leaders called me up to express solidarity. Sonia ji and Rahul Gandhi have spoken to me," she said, adding that she received calls from Arvind Kejriwal, Uddhav Thackeray, Akhilesh Yadav and Hemant Soren.
The outreach carries a layer of political irony, given the TMC’s often fraught relationship with the Congress and Banerjee’s past sharp criticism of Rahul Gandhi’s leadership credentials, as well as recurrent turf wars between the two parties in states like West Bengal and Tripura.
Banerjee also announced the formation of a 10-member fact-finding committee to visit areas "affected by post-poll violence" and assess the situation on the ground, while dismissing 2021 violence allegations as baseless.
The BJP, meanwhile, dismissed her claims outright, accusing her of undermining democratic institutions and refusing to accept the people’s verdict.
"Her comments have no acceptance. She is only making herself a laughingstock. We guess she is making such incredulous comments to hog the limelight for a few more days," party spokesperson Debojit Sarkar said.
He also asserted that the Election Commission ensured a peaceful polling process, claiming that "not a single case of violence, firing or death" occurred during the two phases of voting.
Meanwhile, the Election Commission dismissed allegations made by Trinamool Congress supremo regarding "irregularities" at the Bhabanipur Assembly constituency, terming them "baseless and false".
Banerjee, who contested from the seat, lost to BJP leader Suvendu Adhikari by a margin of 15,105 votes and subsequently questioned the election process and the role of the Commission.
As Bengal stands at the cusp of a political transition, Banerjee’s refusal to concede defeat in conventional terms has injected an unusual layer into what is typically a well-rehearsed democratic ritual.
Kolkata | The Election Commission (EC) on Tuesday issued a notification for the constitution of a new assembly in West Bengal following the completion of the electoral process in the state.
The notification has been sent to the governor of West Bengal, formally marking the end of the election cycle and setting the stage for the formation of a new government.
A senior EC official said the issuance of the notification is a key constitutional step after the declaration of results.
"With this, the process of constituting the new assembly in West Bengal is complete from the commission's end. It enables the next steps in government formation as per laid-down procedures," the official said.
He added that the commission ensured adherence to all norms during the conduct of the elections.
"The entire exercise, from polling to counting, was carried out in a free, fair and transparent manner, in line with the statutory framework," he said.
The notification paves the way for the swearing-in of elected representatives and the formation of the new government in the state, officials said.
New Delhi | 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.
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.
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.
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.
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.
New Delhi | The BJP on Tuesday attacked outgoing West Bengal Chief Minister Mamata Banerjee over her statement that she would not resign despite her party's defeat, calling the stand "anarchic" and against India's democratic traditions.
The party described her refusal as "constitutional blasphemy" and accused her of undermining the principle of peaceful transfer of power.
Addressing a press conference in Kolkata a day after the BJP stormed to power in the state, Banerjee alleged large-scale irregularities in the counting process. The TMC chief claimed 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.
Hitting back, BJP national spokesperson Sambit Patra said Banerjee's stand is "concerning" as India has a long-standing tradition of peaceful transfer of power.
"This is both laughable and concerning. It is concerning because India's democracy is known for its dignity and grace in the peaceful transfer of power.
"Since Independence, such a situation has never arisen where two parties get entangled in this manner during a transition. Over the last 75 years, India has earned global recognition for this remarkable democratic tradition.
"But what Mamata Banerjee has said and done today is deeply unfortunate. This is an attack on a long-standing democratic convention. It is not an attack on the BJP, but an attack on democracy and the Constitution," he told reporters here.
Citing examples from recent Assembly elections, the BJP MP from Puri said leaders in other states followed established norms after electoral outcomes.
"Elections were held in five states -- West Bengal, Assam, Tamil Nadu, Kerala, and Puducherry. We saw how leaders behaved elsewhere. In Kerala, Pinarayi Vijayan peacefully submitted his resignation after the results. In Tamil Nadu, M K Stalin also went to the governor and submitted his resignation," Patra said.
He asserted that no individual is indispensable in a democracy and that the will of the people is paramount.
"Mamata Banerjee is saying she has not lost and will not resign. This reflects a sense of entitlement and anarchy. It suggests an attitude that 'only I matter; the Constitution begins and ends with me'.
"We would respectfully like to remind Mamata ji: no one is indispensable in Indian democracy. The only indispensable force is the people," he said.
Patra also questioned Banerjee's claim of a "moral victory" despite electoral defeat.
"If she believes she has achieved a moral victory, she is free to celebrate it. But what is official must remain official. The people have given their verdict and it must be respected," he said.
The BJP spokesperson criticised the opposition INDIA alliance, calling it a "photo opportunity arrangement" lacking coherence.
"During elections in these five states, these parties were fighting each other. Congress leader Rahul Gandhi was campaigning against Mamata Banerjee, and Mamata Banerjee was speaking against Congress. Congress was fighting the Left in Kerala. What kind of alliance is this?
"This alliance appears to exist only for photo opportunities -- leaders holding hands without any real coordination or shared vision," he said.
On constitutional provisions, Patra said the process of government formation is clearly defined and does not depend on individual statements.
"The Assembly tenure is fixed. Once it ends, the chief minister ceases to hold office. The Governor then invites the leader of the majority party to form the government. India will function according to the Constitution, not press statements," he said.
Alleging that Banerjee's stance reflects a "dictatorial attitude", he said such behaviour goes against democratic principles.
"Historically, dictators have displayed similar behaviour -- they do not accept defeat and do not allow peaceful transfer of power. This is a typical dictatorial attitude, and that is what we are witnessing in Mamata Banerjee's stance today. The people of Bengal understand this, which is why such a significant change has taken place," Patra said.
Another BJP national spokesperson, Shehzad Poonawalla, in a post on X, alleged that Banerjee is suggesting "short-circuiting" the constitutional system through violence, drawing a comparison with the United States Capitol attack of January 6, 2021.
"What Mamata Banerjee is suggesting is anti-Constitution, anti-(B R) Ambedkar and amounts to constitutional blasphemy, apart from being a post-poll tantrum. She wants to overturn the concept of peaceful transfer of power, which is a hallmark of our constitutional system," he said.
In a video post, Poonawalla accused Banerjee of playing the victim card after electoral defeat and blaming the Election Commission instead of accepting the people's mandate.
"Mamata Banerjee is now playing the most disgusting victim card by not only disrespecting the verdict of the people but also saying she will not resign.
"Even if she does not resign, the Assembly will dissolve on May 8, and she will anyway lose her membership. It only shows that she is acting against the Constitution, as peaceful transfer of power is a hallmark of our democracy," he said.
Poonawalla said it will be interesting to see the response of Congress leader Rahul Gandhi, whom he accused of remaining silent on anti-constitutional actions.
"He should refrain from supporting or legitimising such actions, as it would reflect his own participation in this blasphemy of the Constitution," he added.
