Politics News- If CM does not resign after defeat in elections, can the Governor take action?

Friends, the assembly elections held in West Bengal have brought a big political change, where Mamata lost and BJP won after 12 years, after Bharatiya Janata Party (BJP) got a huge majority, questions are being raised regarding the constitutional processes, because Mamata Banerjee has refused to resign, so the question arises that what action can the Governor take in such a situation-

A major change of power in Bengal

West Bengal Assembly elections have completely changed the political scenario.

BJP has secured 207 seats, which is much more than the majority figure.

TMC’s seats have dropped to 80, a major decline compared to its previous performance.

In Bhawanipur assembly constituency, Subhendu Adhikari defeated Mamata Banerjee by 15,114 votes, causing her second consecutive defeat on this seat.

Role of Governor: Can the Chief Minister be dismissed?

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

The Governor appoints the Chief Minister and if the Chief Minister loses the support of the majority, the Governor also has the right to remove him from the post.

If the Chief Minister refuses to resign even after losing the election, the Governor can dismiss the government and take necessary constitutional steps.

Majority test and no-confidence motion

The Governor can call a special session of the Assembly to test the majority of the government.

A no-confidence motion can also be presented for this.

Looking at the figures (BJP 207 vs TMC 80), if the government fails to prove majority, it will become mandatory for the Chief Minister to step down.

What will happen if the Chief Minister still refuses to resign?

Refusing to step down even after losing majority is considered a constitutional crisis.

The Governor can send a report of this situation to the Central Government and recommend imposing President’s rule under Article 356.

Once President’s rule is imposed, the reins of governance pass into the hands of the Governor and the Central Government, and all the powers of the Chief Minister cease to exist.

Legal and constitutional reality

Resigning after losing the majority is not an option—it is a constitutional obligation.

The Governor can direct officials not to follow the orders of a Chief Minister who no longer has majority support.

These provisions ensure that in a democracy the will of the people remains paramount.