Can Mamata Banerjee remain chief minister despite losing Nandigram? | India News
NEW DELHI: Mamata banerjee taken to the Trinamool Congress to a spectacular electoral victory against the BJP but he was unable to win the prestigious battle against his former aide-turned-enemy Suvendu Adhikari in Nandigram.
Now, the question arises whether the TMC supreme can still become the prime minister of West Bengal.
The short answer is: Yes, you can.
According to Article 164 (4) of the Constitution of India, a minister who for any period of six consecutive months is not a member of the state legislature, upon expiration of that period will cease to be a minister.
This means that Mamata will have six months to be elected to the legislative assembly through by-elections. In the event that she is not re-elected within this stipulated period, she will have to resign as chief minister.
There have been several instances of leaders who were aspiring top ministers despite losing their seats or failing to contest the polls.
In 2011, for example, Mamata was a member of Lok Sabha when her TMC first came to power in the state. She became prime minister and later won the Bhawanipore constituency by-elections in September of that year.
In states that have a legislative council, a candidate can also become a CM by being elected as MLC.
In 2017, UP Prime Minister Yogi Adiyanath was sworn in as MLC to continue in office. That year he did not participate in the assembly elections.
Since Bengal does not have a legislative council, Mamata’s only route to remain prime minister is through assembly votes.
But what if the CM loses the elections?
There have also been cases of that.
In 2009, Jharkhand Prime Minister Shibu Soren lost the Tamar by-elections. This led to the imposition of the president’s rule on the state.
However, such a scenario is quite rare.