Today, on May 5 Mamata Banerjee took oath as Chief Minister of Bengal for the third time. Banerjee lost to herformer aide Suvendu Adhikari in the Nandigram constituency, but her party, TMChas won the 2021 West Bengal Assembly elections with an overwhelming majority.
Has to win by-polls within six months
This is not the first time when Mamata will remain CMdespite losing in her constituency. She can easily remain CM under Article 164of the Indian Constitution which lays down the conditions of taking oath as aminister.
Article 164(4) states, “A Minister who for any period ofsix consecutive months is not a member of the Legislature of the State shall atthe expiration of that period cease to be a minister.” Mamata Banerjee will getsix months to win any constituency in a by-poll held on to the CM’s chair.
In 2011, Mamata Banerjee did not contest the assemblyelections and was a Member of Parliament. However, after a few months, she gotelected from Bhabanipur and took oath as the CM of the state.
What happens if Mamata loses by-elections
In case Mamata loses by-elections she has to resign fromthe post of Chief Minister and the state will see another CM or President'srule will be imposed. In 2009, Jharkhand Chief Minister Shibu Soren lost theby-elections, after which President's rule has to be imposed in the state.
Earlier in 1970, Uttar Pradesh Chief Minister TribhuvanNarayan Singh lost the by-polls. Then-Prime Minister Indira Gandhi herself cameto oppose Narayan and held rallies during the by-elections. After this,Congress member Kamalapati Tripathi became the Prime Minister of Uttar Pradesh.
Recent examples, where Minster took oath despite not contestingin elections
Recently, Uttarakhand Chief Minister Tirath Singh Rawattook oath as CM of the state. However, to hold on to CM’s chair he has to winassembly elections before 10 September. While taking oath Maharashtra CM UddhavThackrey, Uttar Pradesh CM Adityanath was also not a Member of Parliament andlater become a member of the Legislative Council.