• Source:JND

Trinamool Congress (TMC) supremo Mamata Banerjee is standing firm on her decision to not resign as West Bengal Chief Minister stating that she is ready to be “dismissed” from the top post. "Let them dismiss me. I want this to be a black day," Mamata said.

During a meeting with her MLAs on Wednesday, Banerjee made serious allegations, calling the election process an atrocity. She said that there were widespread irregularities, intimidation, and violence during the election, and that many party workers were targeted. According to Banerjee, more than 1,500 party offices were occupied. The outgoing CM hinted that she and her leaders may also approach the Supreme Court against the election results.

Suvendu Adhikari, Bharatiya Janata Party's (BJP) winner from Nandigram and Bhabanipur, who is also the frontrunner to become the next Bengal CM has however said that the state has witnessed no post-poll violence. "Sporadic incidents reported so far have been much less than the post poll violence that happened in 2021. There are some goons are still out there. The BJP led government will take strong action," Suvendu said.

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Can Mamata Continue As CM?

According to Article 164 of the Constitution, a Chief Minister "holds office during the pleasure of the Governor". Besides, the provision mentions that the Council of Ministers is "collectively responsible to the Legislature", which is widely interpreted to mean as long as they hold a majority.

Therefore, the key to her continuation as CM is held by the Governor or until she loses majority in the new Assembly, which will be convened after the dissolution of the 17th Assembly. Given the poll results, the Governor has the power to dismiss the government and invite the leader of the majority party to form the government.

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Article 172 defines the tenure of the assemblies as five years from the date appointed for their first meeting. Article 172 (1) says that "expiration of the said period of five years shall operate as a dissolution of the Assembly."

In this case, too, the Governor has the power to dissolve the Assembly before the completion of tenure. In West Bengal, the term of the 17th Legislative Assembly ends on Thursday, May 7, 2026.

Therefore, the Governor is most likely to dissolve the Assembly before May 7 and proceed with the Constitutional provisions, as Mamata Banerjee will no longer be officially considered Chief Minister after that.


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