What is the legal recourse if Mamata Banerjee does not resign from the post of Chief Minister?

By Samira Vishwas On May 6, 2026

Even after the defeat in the assembly elections, Mamata Banerjee has refused to resign from the post of Chief Minister of West Bengal, which has created a constitutional crisis like situation in the state. During a press conference in Kolkata on Tuesday, when Mamata was asked whether she would go to the Raj Bhavan Governor to resign, she said that the question of her resigning does not arise. In such a situation, a situation of conflict seems to be brewing again. The statement of Mahesh Jethmalani, son of famous lawyer Ramjeth Malani, regarding Mamata Banerjee’s resignation has come to light.

Senior Supreme Court lawyer Mahesh Jethmalani said that if Mamata Banerjee refuses to resign then she should be thrown out. He further said that if she forcibly continues in her post, then the Governor can remove her from the post by sending police force.

Mamata Banerjee said in the press conference that the question of her resigning does not arise because she has won morally. Mamta said that I will not go to Lok Bhavan and resign. He said that further strategy will be discussed with party members. Mamta Banerjee said that I will no longer tolerate the atrocities of BJP. I will return to the streets.

Mamta said that our competition was not with BJP but with the Election Commission and the Election Commission worked for the BJP. In such a situation, this attitude of Mamata can give rise to a constitutional crisis in West Bengal. According to experts, if she refuses to resign, the Governor can dismiss her government under the Constitution, because the Election Commission has issued the notification and mandate.

Senior lawyer says that the Governor can dissolve the Assembly after its 5-year term ends. The tenure of the current Bengal Assembly is ending tomorrow Thursday (7 May 2026). Mamata’s refusal to resign from the Governor will not change anything because the Governor can dismiss the House and the Government. The mandate has also ended.