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As per Article 164 of the Constitution of India, a CM holds office as long as they enjoy the confidence of the Assembly. And once that majority is lost, the government becomes constitutionally untenable. Banerjee's term ends on 7 May.
Trinamool Congress chairperson Mamata Banerjee at a press conference on Tuesday (Hindustan Times/Samir Jana)(HT_PRINT)Mamata Banerjee has refused to resign as Chief Minister, alleging that the West Bengal election results did not reflect the people’s mandate. The results announced on 4 May, the TMC supremo said, were the outcome of a conspiracy.
Mamata Banerjee also alleged that her party was not contesting against the BJP, but against the Election Commission, which she claimed was working “for the BJP”.
“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,” Mamata Banerjee said at a press conference in Kolkata on 5 May, a day after her party was defeated by Bharatiya Janata Party (BJP).
The Bengal chief minister alleged large-scale irregularities in the counting process, claiming the mandate in nearly 100 seats was “looted”. She also said the counting process was deliberately slowed to demoralise the Trinamool.
"Why should I resign? We have not lost. Votes have been looted. Where does the question of resignation arise?" the TMC chief asserted.
The same day Election Commission of India issued a notification for the constitution of a new assembly in West Bengal following the completion of the electoral process in the state.
What happens if CM refuses to resign?
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.
The Bharatiya Janata Party (BJP) registered a historic victory in West Bengal winning over 200 seats and is all set to form its government for the first time since Independence in the state.
What happens if Mamata doesn’t resign? Does it prevent West Bengal from getting a new CM, this time a BJP leader? 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, as per the rules.
What does the Constitution say?
Under Article 164 of the Constitution of India, a CM holds office as long as they enjoy the confidence of the Assembly. And once that majority is lost, the government becomes constitutionally untenable.
“The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor,” reads Article 164 of the Constitution.
The Governor of West Bengal can thus dismiss the Chief Minister, although various safeguards are in place to prevent this from becoming an arbitrary exercise. A line of Supreme Court rulings has held that the Governor's power primarily flows from the “aid and advice” of the Council of Ministers.
The term of the 17th West Bengal Legislative Assembly ends on 7 May 2026, marking the end of Mamata Banerjee's five-year tenure that began in 2021. This means that after 7 May, Mamata Banerjee will cease to be the chief minister.
Key Takeaways
- Mamata Banerjee alleges electoral fraud and conspiracy following her party's defeat.
- The constitutional process allows for the dismissal of a chief minister if they lose majority support.
- The BJP's historic win signifies a significant political shift in West Bengal's governance.
About the Author
Gulam Jeelani
Gulam Jeelani is Political Desk Editor at LiveMint with over 16 years of experience covering national and international politics. Based in New Delhi, Jeelani delivers impactful political narratives through breaking stories, in-depth interviews, and analytical pieces at LiveMint since February 2024. The expertise in video production fuels his current responsibilities, which include curating content and conducting video interviews for an expanding digital audience.<br><br> Jeelani also travels during elections and key political events and has covered assembly elections in key states apart from national elections. He has previously worked with The Pioneer, Network18, India Today, News9Plus and Hindustan Times.<br><br> Jeelani’s tenure at LiveMint and previous experience at print and digital newsrooms have honed his skills in creating compelling text and video stories, explainers, and analysis that resonate with a diverse viewership.<br><br> Before moving to New Delhi in 2015, Jeelani was based in Uttar Pradesh, where he worked for five years as a reporter. In 2018, Jeelani was one of the two Indian journalists selected for the Alfred Friendly Fellowship in the US. There, he attended training workshops on reporting and data journalism, and he was attached to the Minneapolis Star Tribune in Minnesota, where he worked as a reporter.<br><br> Jeelani is a Bachelor's in Chemistry and holds a Masters Degree in journalism and mass communication from Aligarh Muslim University. Outside work, he enjoys poetry, cricket and movies.
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