Mamata Banerjee says she won't resign: What if a CM of a losing party doesn't step down? What does the law say

West Bengal Chief Minister Mamata Banerjee has refused to resign, alleging the assembly election results announced on 4 May did not reflect the people’s mandate. The Trinamool Congress (TMC) supremo claimed the outcome was the result of a conspiracy.

Mamata Banerjee further claimed her party was not contesting against the BJP, but against the Election Commission, which she accused of working “for the BJP”.

“The question of my resignation does not arise, as we were defeated not by a public mandate but by a conspiracy… I did not lose, I will not go to Lok Bhavan. They can take action as per constitutional norms,” Mamata Banerjee said at a press conference in Kolkata on 5 May, a day after the BJP defeated her party.

The chief minister alleged large-scale irregularities in the counting process, claiming the mandate in nearly 100 seats was “looted”. She also accused officials of deliberately slowing down the counting process to demoralise the TMC.

"Why should I resign? We have not lost. Votes have been looted. Where does the question of resignation arise?" the TMC chief asserted.

On the same day, the Election Commission of India issued a notification for the constitution of a new assembly in West Bengal, formally ending the election cycle and paving the way for a government formation.

What happens if a CM refuses to resign?

The BJP registered a historic victory in West Bengal, winning over 200 seats and securing a clear majority in the 294-member assembly. Despite Baneerjee's refusal, constitutional provisions prevent her from continuing as a chief minister once her party has lost majority support.

What happens if Mamata Banerjee doesn’t resign? Does it prevent West Bengal from getting a new CM, this time a BJP leader? The BJP has secured a clear majority in the West Bengal Assembly, while the TMC has lost. Banerjee cannot continue as chief minister merely by refusing to resign, as per the rules.

What does the Constitution say?

Under Article 164 of the Constitution of India, a chief minister holds office as long as they enjoy the confidence of the Assembly. Once the majority is lost, the government becomes constitutionally untenable.

“The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor,” reads Article 164 of the Constitution.

The Governor of West Bengal can thus dismiss the chief minister, though safeguards and Supreme Court rulings emphasize that the Governor's power primarily flows from the “aid and advice” of the Council of Ministers.

The term of the 17th West Bengal Legislative Assembly ends on 7 May 2026, marking the end of Mamata Banerjee's five-year tenure that began in 2021. This means that after 7 May, Mamata Banerjee will cease to be the chief minister of West Bengal.