With Mamata Banerjee’s refusal to resign, constitutional experts and senior advocates have opined how West Bengal’s politics could shape up next.
Outgoing West Bengal Chief Minister and TMC supremo Mamata Banerjee addresses a press conference (Photo: PTI)
West Bengal has entered an unprecedented constitutional and political confrontation after the Bharatiya Janata Party (BJP) secured a sweeping victory in the Assembly elections, while outgoing Chief Minister Mamata Banerjee refused to step down despite her party’s defeat.
The BJP won 207 seats in the 294-member Assembly, reducing the Trinamool Congress (TMC) to 80 seats and ending the party’s uninterrupted 15-year rule in the state.
The refusal by Banerjee to resign has triggered intense debate over constitutional procedure, gubernatorial powers, and the transition of power in the state.
Addressing the media in Kolkata, Banerjee alleged that the election mandate had been “looted” and maintained that her party had not lost morally.
“I will not resign. I did not lose. I will not go to Raj Bhavan, the question doesn’t arise. We didn’t lose the election. They can defeat us officially through the Election Commission, but morally, we won the election,” she asserted.
The outgoing Chief Minister accused the Election Commission and the BJP of manipulating the electoral process, alleging tampering of Electronic Voting Machines (EVMs), suspiciously high battery charges, and the replacement of officials before polling.
She also alleged violence during the counting process, claiming that TMC counting agents were assaulted and that CCTV cameras had been turned off while she herself was “manhandled, assaulted and kicked in the belly.”
Her remarks have intensified the political flashpoint in Bengal even as the BJP moves ahead with plans to form its first-ever government in the state.
BJP leader Prem Shukla announced that the swearing-in ceremony is expected to be held on May 9, coinciding with Rabindranath Tagore’s birth anniversary.
DUSHYANT DAVE CALLS STAND ‘UNCONSTITUTIONAL AND DISHONEST’
Senior Supreme Court advocate Dushyant Dave criticised Banerjee’s position, describing her refusal to resign as “completely unconstitutional and dishonest.”
Speaking to News18, Dave said the Governor would be justified in removing her from office immediately.
“I think Mamata Banerjee’s stand, that she will not resign, is completely unconstitutional and dishonest, and the Governor would be well advised to dismiss her immediately because this is completely unprecedented and unacceptable,” Dave said.
“She has lost the election, and she must accept it gracefully.”
Rejecting the possibility of a viable constitutional challenge, Dave said there was “nothing” for Banerjee to pursue legally if she approached the courts.
“There is no legal point available here. There is nothing that Mamata can latch on to or fight on. So she must accept it gracefully,” he remarked, on being asked if Mamata Banerjee could approach the court against the Bengal result.
Dave further argued that the Governor would be “absolutely within his powers” to dismiss Banerjee, especially since the term of the Assembly is nearing its end and an alternative government is ready to assume office.
According to him, the present situation did not warrant the continuation of the outgoing administration even temporarily.
“The new government will be set in motion soon. So I think what Mamata is doing is absolutely, I would say, an unhealthy democratic principle,” Dave said.
He also suggested that the Centre could briefly impose President’s Rule to facilitate a smooth transfer of power before the new government takes oath.
“The Governor can advise the President to impose President’s rule for one or two, or three days, so that the transition can be smooth,” Dave said, adding that Banerjee’s conduct was “shocking and completely unacceptable.”
QUESTIONS OVER GOVERNOR’S ROLE AND CONSTITUTIONAL PROCESS
As the standoff escalated, constitutional experts and senior legal voices weighed in on the implications of Banerjee’s refusal to resign.
Several experts told news agency PTI that the Governor possesses the authority to dismiss the chief minister if they do not step down voluntarily after losing majority support in the newly elected Assembly.
Former Lok Sabha Secretary General and constitutional expert PDT Achary was quoted as saying that Banerjee’s tenure is linked to the outgoing Assembly, whose 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,” Achary told PTI.
He further noted 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.”
Senior advocate Ajit Sinha also underlined that once a new chief minister assumes office, the outgoing chief minister automatically ceases to hold office.
“Once the new incumbent takes over, she is deemed to be out of the office,” Sinha said.
Senior advocate and constitutional law expert Rakesh Dwivedi was also quoted as saying that “political morality and constitutional discipline demand that she resign.”
He added that if she refused to do so, “The Governor will dismiss her (Banerjee) if she doesn’t resign.”
Legal experts also referred to constitutional precedents and the Governor’s discretionary authority in inviting a party with a majority to form the government.
Senior advocate Amit Anand Tiwari cited the Sarkaria Commission report and the SR Bommai judgment, arguing that there was “absolutely no discretion” available to the Governor in the Bengal case because the BJP clearly commands a majority in the Assembly with more than 200 seats.
TMC CLAIMS ‘THREAT TO DEMOCRACY’, BJP DISMISSES ALLEGATIONS
The TMC has continued to defend Banerjee’s position and attack the conduct of the election process.
TMC MP Kalyan Banerjee described the counting process as “chori” and alleged that candidates and counting agents were assaulted and thrown out by central forces.
“There is no transparency in counting,” he said, calling the developments a “great threat to democracy.”
The BJP, however, has rejected all allegations made by the TMC leadership.
BJP spokesperson Ajay Alok questioned Banerjee’s claims of assault despite her Z+ security cover and accused her of spreading falsehoods after defeat.
BJP MP Saumitra Khan said the verdict reflected public anger and insisted that “Kolkata’s public made them lose.”
BJP MLA-elect Suvendu Adhikari, when asked about Banerjee’s refusal to resign, simply stated that “everything is mentioned in the Constitution.”
BANERJEE SIGNALS NATIONAL ROLE DESPITE DEFEAT
Even amid the mounting controversy, Banerjee indicated that she intends to remain politically active at the national level through the INDIA bloc.
She said opposition leaders, including Sonia Gandhi, Rahul Gandhi, Arvind Kejriwal, Uddhav Thackeray, Akhilesh Yadav, Tejashwi Yadav and Hemant Soren had extended solidarity to her.
“All the allies of the INDI Alliance told me that they are totally and absolutely with me,” Banerjee said.
She added, “I will strengthen the INDIA team, just like a small person. I don’t have a chair now, so I am a commoner. I am a free bird.”
However, with the BJP preparing to assume office and constitutional experts overwhelmingly asserting that the outgoing Chief Minister cannot continue once a new government is sworn in, West Bengal now appears headed toward a tense transition marked by political acrimony, legal scrutiny and questions over democratic legitimacy.
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