Trinamool Congress (TMC) slated its third successive electoral triumph in Bengal on Sunday, 2 May 2021. Mamata Banerjee, who has been the chief minister of Bengal twice, led the TMC to win against BJP under her guidance but lost the esteemed battle against Suvendu Adhikari in Nandigram.
TMC won, Mamata lose.
Even though AITC has won Bengal with 213 winning seats, followed by BJP at 77 seats, a question arose if Mamata can be the new chief minister of Bengal or not? Banerjee contested in front of her cabinet colleague turned adversary in the election from Nandigram legislative. However, the election commission announced Adhikari’s winning by 1737 votes around 7 pm on Sunday. Although she has claimed to challenge this verdict in court, her doors to becoming the chief minister of Bengal are not closed.
Can she be the new CM?
Yes, Mamata Banerjee, despite the loss, will become the chief minister of Bengal for the third time in a go. But, as per article 164 (4) of the Indian Consitution, “a minister who for any period of six consecutive months is not a member of the legislative of the state shall at the expiration of that period cease to be a minister.”
It means that Banerjee will have a fitting room to get elected to the legislature through a by-election in the next six months. But if she fails to get re-elected in this specific period, she will have to resign as the chief minister.
It is not the first time when Banerjee will contest in by-elections. Back in 2011, when TMC came into power for the first time, she was already a member of parliament. So, she stood in by-elections from Bhawanipore Constituency and took oath as CM after winning the by-elections in September the same year.
Now again, Assembly by-polls are the only route for her to stay as chief minister.