Despite her and her party’s crushing defeat in the West Bengal Assembly elections 2026, Trinamool Congress supremo and outgoing Chief Minister Mamata Banerjee on Monday refused to resign as CM, claiming the poll outcome was not the mandate of the people.
“I will not resign, I did not lose, I will not go to Raj Bhavan…The question doesn’t arise…. we were defeated not by public mandate but by conspiracy,” Banerjee said while addressing a press conference in Kolkata.
She further added, “It is their attempt to defeat us. Officially, through the Election Commission, they can defeat us, but morally we won the election.”
Banerjee also claimed that she was leading in Bhabanipur with 30,000 votes with five more rounds of counting remaining but then BJP candidate (Suvendu Adhikari was contesting against Banerjee) went inside and TMC agents were beaten.
She further alleged that when she went inside the counting centre, she was kicked and manhandled.
“I went inside for a few minutes. They kicked me in my belly, backside and manhandled and assaulted me. That time CCTV was off…,” she alleged.
Accusing the BJP of playing “dirty, nasty and mischievous games”, Banerjee also accused Bengal Chief Election Commissioner Gyanesh Kumar of becoming the “villain of this election to loot the democratic rights of the people and the EVMs.”
Can Mamata refuse to resign? What Constitutional provisions say
The Article 172 of the Constitution of India fixes any Legislative Assembly’s five-year term, indirectly framing the tenure of a Chief Minister.
According to Article 164 of he Constitution, the Chief Minister holds office during the pleasure of the Governor, which is contingent on majority support in the Assembly.
Following the Bengal polls, the BJP secured the majority with 207 seats and TMC was reduced to 80 seats. In 294-member House, 147 is the majority mark.
With TMC clearly not having the numbers, continuation in office is untenable.
Moreover, the Governor has the powers to invite the majority party, which is BJP in Bengal’s case, to form the government once results are officially notified.