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Kolkata: A day after Trinamool Congress lost the West Bengal Assembly polls, party chief Mamata Banerjee refused to step down as chief minister on Tuesday. With her statement, concerns have increased over the norms in the constitution in case a person refuses to step down as a chief minister despite losing elections.

What Mamata Banerjee said in the press conference?

Addressing a press conference in Kolkata, Mamata Banerjee claimed that he party did not lose the Assembly elections, but that 100 seats were stolen. She also alleged that her fight in the recently concluded elections was against the Election Commission and not against the Bharatiya Janata Party (BJP).

“Why should I go to Lok Bhawan? If I had to take the oath, I would have gone. They have looted power. Do you think I should resign? I won’t go. I was on the streets. I will remain on the streets,” she said when asked by a reporter when she would resign as chief minister.

She further claimed, “Our fight was not against the BJP but against the Election Commission of India. Sad to say that EC became the villain in this election. We did not lose this election in West Bengal. Our 100 seats were stolen.”

What does the rulebook says?

As per the constitution, a chief minister has to resign in case the ruling party loses the assembly elections. Under this scenario, the chief minister is required to meet the governor and tender the resignation of the Council of Ministers.

The governor has the power to act in case a chief minister does not resign. According to Article 164(1) of the Constitution, ministers hold office “during the pleasure of the Governor”. In case a Chief Minister loses the support of the majority, the Governor has the power to dismiss the Chief Minister as well as the Council of Ministers. The situation that West Bengal is in currently, after Mamata Banerjee’s announcement not to resign, the ball is in Governor RN Ravi’s court at the moment.