After the Trinamool Congress lost the West Bengal election, Chief Minister Mamata Banerjee declared she had not been defeated and would not resign. Her government’s term officially ended on May 6, but she insisted she would remain in office, alleging that the Bharatiya Janata Party (BJP) won through dishonest means. The BJP criticized her remarks, calling them inconsistent with constitutional principles.

Legal experts cited India’s Constitution, explaining that under Article 164, a chief minister holds office at the governor’s pleasure, which depends on legislative majority support. If Banerjee refuses to resign, the governor can withdraw that pleasure and dismiss the cabinet. They also noted that under Article 172, no state government can continue beyond five years. Experts said her refusal is more political than legal, as the governor can still invite the majority party to form a new government.

Constitutional scholars added that while Banerjee’s resignation is customary, her tenure automatically ends with the assembly’s term. The situation has drawn comparisons to past instances where Indian chief ministers resisted stepping down after controversies or convictions.