Most of you all know that Trinamool Congress (TMC) won the legislative assembly election in West Bengal with a huge mandate of 213 seats. And the main opposition party BJP which emerged in last 6 months ,used all its central forces unethically to influence the mandate. But they failed to win even 100 seats there. By so far out of 294 seats in West Bengal 148 seats is needed for any party to form government, TMC wins 213 and BJP wins 77 seats.
Mamta Banerjee's role in this huge victory
Can Mamata Banerjee remain chief minister despite losing Nandigram?
The short answer is: Yes, she can.
According to Article 164 (4) of the Indian Constitution, a minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister.
This means that Mamata will have six months to get elected to the legislative assembly through a byelection. In case she fails to get re-elected within this stipulated period, she will have to step down as the chief minister.
There have been several instances of leaders who have been chief minister hopefuls despite losing from their constituencies or not contesting the polls.
In 2011 for instance, Mamata was a Lok Sabha member when her TMC first came to power in the state. She became the chief minister and later won the byelections from the Bhawanipore constituency in September that year.
Our Foreign Minister S. Jayshankar is a minister but he doesn't contest the Lok Sabha election he was initially choosen as the minister then within 6 months he has been elected as a menmber of Rajya Sabha. Similarly in states which have a legislative council, a candidate can also become the CM by getting elected as an MLC.
In 2017, UP chief minister Yogi Adiyanath took oath as an MLC to continue on his post. He didn't contest the assembly elections that year. In december 2020, Uddhav Thackeray became a MLC and save his CM chair in Maharashtra. Another CM Nitish Kumar of Bihar is a MLC not MLA .
Bypoll election in Bengal will be on 2 constituencies
Since Bengal doesn't have a legislative council, Mamata's only route to staying on as chief minister is through assembly bypolls. As out 294 constituencies 292 constituencies have taken part in this election. As candidates from Shamsherganj & Jangipur contituencies of Murshidabad district dies so bypoll election will happen on May 16,2021. And possibilities are there that Mamta can contest from any one of the constituency and get elected by there to become the CM of West Bengal.
But what if the CM loses the bypolls?
There have been instances of that too.In 2009, Jharkhand chief minister Shibu Soren lost the byelections from Tamar. This led to the imposition of President's Rule in the state.However, such a scenario is quite rare.






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