Trinamool Congress chief Mamata Banerjee on Tuesday refused to concede defeat despite a landslide victory for the BJP in West Bengal, calling the election result a ‘conspiracy’ rather than a public mandate. Striking a defiant note after her 15-year rule was upended, the outgoing Chief Minister insisted she would not resign, vowing instead to take her battle to the streets and leverage the INDIA bloc to challenge what she termed a ‘looted’ verdict.”

“…If I would have loose, I would have given my resignation. But if anyone thinks I will resign under pressure, that is not going to happen. We did not lose the election, it is there forceful attempt..,” Banerjee said in a press briefing on Tuesday evening.

Mamata Banerjee’s Trinamool Congress was reduced to 80 seats as the BJP scripted a historic mandate in West Bengal, winning 207 seats in the 294-member assembly. Banerjee could not even save her Bhabanipur seat, which she lost to BJP’s Suvendu Adhikari with a margin of 15,105 votes.

Alleging conspiracy, Banerjee claimed that the landslide win was handed over to the BJP by the Election Commission, which “worked for the saffron 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,” she said at a press conference, a day after the BJP sealed a landslide win.

“We have not lost. Votes have been looted. Where does the question of resignation arise?” the TMC chief asserted.

But can a Chief Minister refuse to resign after losing an election?

The Indian Constitution provides several “failsafes” to ensure a peaceful transition of power,” Rakesh Dwivedi, a highly regarded Senior Advocate at the Supreme Court, told Financial Express online.

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Adding further, he said: “The CM’s power is entirely dependent on the support of the majority of the Legislative Assembly. Mamata Banerjee not resigning will have no effect on the government. The Governor can appoint a new Chief Minister without her resigning.”

The term of the Chief Minister ends when the five years expire, and the person holding the chair refuses to resign, then he/she deserves to be removed by the Governor, he added.

Here is the legal and constitutional procedure used to handle such a situation:

Withdrawal of “Pleasure” (Article 164)

Under Article 164 of the Constitution, the Chief Minister holds office “during the pleasure of the Governor.”

Formal Dismissal: Once the Chief Minister’s party has lost the majority in the elections, the Governor is constitutionally obligated to invite the leader of the winning party/coalition to form the government.

Termination of Commission: If the incumbent CM refuses to submit a resignation letter, the Governor has the power to formally dismiss the CM and the entire Council of Ministers. The “pleasure” of the Governor is legally considered withdrawn the moment it is clear the CM no longer represents the will of the majority.

The Role of the Election Commission

Once the Election Commission (ECI) notifies the results and issues the “Due Constitution” notification, the previous Assembly technically ceases to exist.

The Caretaker Status: Usually, a CM submits a resignation letter to the Governor and is asked to continue as a “Caretaker CM” until a new one is sworn in.

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If they refuse: The Governor can simply stop recognising the incumbent as the CM and move forward with the swearing-in ceremony of the new winner. The moment the new CM is sworn in, the old CM’s authority legally evaporates.

Only the Election Commission’s certificate of victory is considered valid by the Governor.

President’s Rule (Article 356)

If the CM’s resists Constitutional obligation, the Governor sends a report to the President stating that the government of the state cannot be carried on in accordance with the Constitution.

The President can then impose President’s Rule, dismissing the defiant CM and placing the state under the direct control of the Union Government via the Governor.

Administrative “Lockout”

Legally, a CM who has lost an election has no authority to issue orders.

The top civil servants (Chief Secretary) and the police (DGP) are oath-bound to the Constitution, not the individual. Once the Governor notifies the dismissal, these officers will stop taking orders from the former CM.

If necessary, the Governor can order the security forces to vacate the CM’s official residence and office, as the individual is now legally a private citizen.