Mamata's refusal to quit and her way forward

Outgoing West Bengal chief minister Mamata Banerjee's refusal to quit after her party TMC's defeat in the assembly election has triggered speculation about her future course of action.

Declining to accept the electoral mandate, Mamata alleged at a press conference in Kolkata that there were "irregularities" in the counting of votes and indicated that she could be preparing a political and legal response.

Her statements came even as BJP's tally in the assembly rose to 207 seats in the 294-member House after a recount victory in the Rajarhat-New Town constituency.

The result followed Monday's decisive mandate, which saw BJP cross the two-thirds majority mark and end TMC's 15-year rule in the state.

As per established procedure, Mamata is expected to resign as chief minister but continue in a caretaker capacity until a new government is sworn in.

As the majority party, BJP will then stake its claim to form the government, following which the state governor will invite its legislature party leader to take oath as the new chief minister.

With the five-year term of the current assembly ending tomorrow (6 May), Indian media reports say the oath-taking ceremony is likely to be held on 9 May, marking Rabindranath Tagore's birth anniversary. An official announcement is awaited.

At the press conference, Mamata did not disclose what strategy she would pursue. However, she may explore legal options, including filing election petitions in the Calcutta High Court.

It remains to be seen whether she can sustain her stance of not stepping down as chief minister.

She is also likely to pursue political mobilisation, with the possibility of coordinated action with other Indian National Developmental Inclusive Alliance (INDIA) bloc allies in the opposition.

Mamata said leaders of other opposition parties, including Sonia Gandhi, Rahul Gandhi, and Samajwadi Party chief Akhilesh Yadav, spoke to her over the phone and expressed solidarity. She said Akhilesh will be in Kolkata tomorrow.

Mamata said she would hold discussions with other INDIA bloc leaders on the defeat and the way forward.

Mamata may have refused to quit, but an interesting remark she reportedly made at her press conference today was: "I don't have any chair now, so I am a commoner. So, you cannot tell me that I am using your chair. I am now a free bird... I have to do some work that I will manage to do."

Under Article 164 of the Constitution of India, a chief minister holds office as long as he or she enjoys the confidence of the legislative assembly. Without the requisite numbers, Mamata's continuation in office will be constitutionally untenable.

The governor can then dismiss Mamata and her council of ministers and invite BJP to form the government.

BJP today termed Mamata's refusal to resign "constitutional blasphemy" and accused her of undermining the concept of the peaceful transfer of power.

BJP national spokesperson Shehzad Poonawalla, in a post on X, alleged: "What Mamata Banerjee is suggesting is anti-Constitution, anti-(B R) Ambedkar, and amounts to constitutional blasphemy, apart from being a post-poll tantrum. She wants to overturn the concept of peaceful transfer of power, which is a hallmark of our constitutional system."

One thing is clear, the political drama in West Bengal refuses to end with the declaration of results and could drag on. Mamata will remain in the media spotlight in the coming days.

This is in sharp contrast to Kerala, Tamil Nadu, and Assam, which also had assembly elections recently, with results announced on the same day as West Bengal.

Kerala Chief Minister and communist leader Pinarayi Vijayan and his Tamil Nadu counterpart M K Stalin, the DMK chief, have lost the polls and accepted the verdict.