Outgoing West Bengal Chief Minister Mamata Banerjee announced on Tuesday that she would not resign from office despite her landslide election loss to the Bharatiya Janata Party (BJP) the day before, but experts said her dramatic announcement meant little in constitutional terms and was more a political ploy.
Banerjee’s defiant stance came on a day when BJP leaders said the new government was likely to be sworn in on May 9, two days after the end of the old assembly’s term, and coinciding with Rabindranath Tagore’s birth anniversary. The new state government secretariat is likely to return to the Writers’ Buildings after operating from the Banerjee-built Nabanna building across the Hooghly river for 13 years.
State BJP president Samik Bhattacharya said: “The Prime Minister has already announced the day, Posheshi Puisak, May 9. It is Rabindranath Tagore’s birthday. It will be held on that day.” He added: “It has been our longstanding commitment to run the government from the books.”
But Banerjee tried to obstruct the legal transfer of power, declaring that the elections for the 100 seats had been looted.
“If we do not lose the elections then why should I go to Raj Bhavan? I will not take oath. And why should I resign? We did not lose. It is their strong attempt to defeat us. Our fight was not against BIP but against the EC,” a rebel Banerjee told the media at her residence, a day after the BJP won a landslide 207 seats against the TMC’s 80 seats.
Experts said the unusual announcement would mean little even though it showed little respect for established processes by a senior leader who has been prime minister three times.
The current assembly will be dissolved automatically on May 7, and the Election Commission has already notified the new assemblies in all five regions that went to the polls last month.
“Under Article 164(1) of the Constitution, the Governor has full power to withdraw his consent and dismiss a Prime Minister who no longer enjoys majority support. The constitutional position is unequivocal – her continuation in office without a majority is constitutionally indefensible,” said former Chief Election Commissioner S Y Qureshi.
Former Lok Sabha General Secretary PDT Achary said Banerjee has no option but to follow the swearing-in of the new Prime Minister, given that she has been elected to the outgoing Legislative Assembly. “Under the constitutional provisions, the government is accountable to the Legislative Council. Once the term ends, the government must also resign,” he said. Senior lawyer Rakesh Dwivedi said political ethics and constitutional discipline required her resignation.
The Bharatiya Janata Party won a historic victory in West Bengal for the first time on Monday, the first time the eastern province has shifted to the political right since independence. The landslide – which saw the BJP consolidate Hindu voters in an unprecedented manner, penetrate Banerjee’s stronghold in south Bengal, tap into resentment against popular corruption, and rely on 15 years of anti-incumbency – led to Banerjee losing her Bhabanipur seat to BJP’s Suvendu Adhikari by 15,000 votes.
“Modi ji and Amit Shah ji may attend the swearing-in ceremony,” a senior BJP leader in Kolkata said.
A senior leader said that the decision on the cabinet members will be announced by the party high command soon. The party has already announced the appointment of Union Home Minister Amit Shah as Central Controller for West Bengal and Union Minister JP Nadda for Assam. Both leaders will supervise the election of legislative party leaders in these states.
A second party leader, speaking on condition of anonymity, said that although the decision on CM will be taken by the high command in consultation with state leaders, Adhikari is likely to be chosen for the top post.
“In politics we often use the term giant killer. He defeated Mamata Banerjee twice… There is no doubt that he is a candidate for the job,” the second leader said.
West Bengal Chief Electoral Officer Manoj Kumar Agarwal is likely to brief Governor RN Ravi on May 6. “The Election Commission of India has sent notifications to form new assemblies in Assam, Kerala, Puducherry, West Bengal and Tamil Nadu to the governors of the respective states,” an Election Commission of India (ECI) official said.
The BJP celebrations that broke out on Monday night continued on Tuesday across the state, even turning into clashes, destruction and vandalism of property and the death of at least four people. Government employees were seen gathering in the corridors of the state secretariat in Banbanna in Howrah, distributing sweets, playing with saffron colors and chanting slogans of “Joy of Shri Ram”. BJP supporters were seen distributing jal muri (spicy puffed rice) and sweets at Howrah railway station.
But Banerjee denounced the results, alleging that she was assaulted during the counting process on May 4 in Bhabanipur, and promised to take to the streets as leader of the opposition.
“We will bounce back. This is a brutal murder of democracy. This is how they won in Maharashtra, Haryana, Bihar and other states. They hijacked the counting stations. This is very unfortunate. I don’t mind if they win normally. They captured the counting stations when we were 200 seats ahead. They did not allow the media to enter. The central forces attacked our counting agents and took them out,” Banerjee said.
“When the judiciary does not exist, when the European Commission is biased, when the government wants one-party rule, what can people do?” I asked.
Banerjee said: “Officially, the EC could defeat us but we won the elections morally. I can go anywhere now. I am a free bird. I can fight anywhere. I was from the street and I will stay on the street.”
“I have been kicked and abused. I feel humiliated not just as a woman but as a human being. I can imagine what must happen to our other candidates. The party is with them. Hundreds of our supporters are being attacked. Our offices are being vandalized. Even members of the scheduled caste and scheduled tribal communities are not spared,” Banerjee said.
Bhattacharya condemned the violence. “The police should take action against everyone, regardless of their political background. The polls were free of violence. This is what the BJP wants,” he said. Agarwal said that no complaint had been received regarding the alleged assault on Banerjee. “If anyone is assaulted, as alleged, a complaint will be lodged. I have not received such a complaint,” Agarwal said.
