New Delhi, May 6, 2026 – A fierce political and legal controversy erupted today over West Bengal Chief Minister Mamata Banerjee’s defiant refusal to resign following her party’s defeat in the recently concluded assembly elections. Senior advocate and BJP leader Mahesh Jethmalani termed her stance unpardonable and a direct challenge to the whole democratic system, demanding that the Governor “kick her out”.
Why Mamata Banerjee is refusing to resign?
Despite the Trinamool Congress losing the election to the BJP after three consecutive terms, and Ms. Banerjee herself losing from the Bhabanipur constituency, she has maintained that the results were “stolen”. Addressing a press conference, she asserted, I have not lost, so I will not go to Raj Bhavan. I will not tender resignation, while claiming 100 seats were “looted” from her party.
Jethmalani’s sharp legal attack
In an exclusive interview to NDTV’s Padmaja Joshi, Mahesh Jethmalani did not hold back. He argued that once the Election Commission certifies the election results, the sitting Chief Minister legally ceases to hold the office.
- On her continuance in office: It is an insult and she deserves to be taught a lesson… If she insists on sticking like a lemming to her chair, then the Governor must unceremoniously dismiss her. I would like to say, given this conduct, kick her out.
- On her legal status: She is a trespasser in the Chief Minister’s office from now on. The moment the election is certified, she is a trespasser.
- On possible action: He added that the Governor could even send police to evict her if she refuses to leave.
The Governor’s constitutional power
Technically, Ms. Banerjee’s unprecedented move could lead to her dismissal. In any Indian state, the Chief Minister and the council of ministers hold office during the pleasure of the Governor. Article 164 of the Constitution makes this clear. With the term of the current Bengal assembly ending on May 7, the Governor (currently C.V. Ananda Bose) has the authority to dismiss a Chief Minister who refuses to resign after losing the confidence of the House or the mandate of the people. However, such a step would be a drastic, last-resort measure.
What about her allegations of rigging?
When asked about Mamata Banerjee’s charge that 100 seats were stolen due to collusion between the central government and the Election Commission, Jethmalani challenged her to take the legal route.
File individual election petitions for all of them if you have so much evidence. You can waste the time of the court; the court will probably unceremoniously throw you out as well. You have already been given short shrift in the Supreme Court twice before. If you want to keep making yourself a laughingstock, go ahead and do it, he said.
Support from other BJP leaders
Echoing Jethmalani’s view, Assam Chief Minister Himanta Biswa Sarma, who won a third straight term, told NDTV: “If she doesn’t resign, she will be dismissed. The country doesn’t run according to her whims. The Governor will wait for a certain period, and after that, she will be dismissed – it is as simple as that.
What happens next?
As of now, no official communication has come from Raj Bhavan in Kolkata. Legal experts suggest the Governor might first ask Ms. Banerjee to prove her majority in the assembly (which she has lost) or recommend President’s Rule as a final step. Meanwhile, the BJP has staked claim to form the next government, and the political heat in Bengal continues to rise.
(This is a developing story based on official statements and legal opinions. The original report is from NDTV dated May 5, 2026. Our website provides this rewritten version with additional context for our readers.)
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