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After outgoing Chief Minister of West Bengal Mamata Banerjee refused to resign from her post, Governor RN Ravi has officially dissolved the state’s legislative assembly.
The term of the assembly was due to expire at 12 am on Thursday. Last evening, the Raj Bhavan made public a letter “for general information”.
The single-line communication read: “In exercise of the power conferred on me by sub-clause (b) of Clause (2) of Article 174 of the Constitution of India, I hereby dissolve the Legislative Assembly of West Bengal with effect from 07th of May 2026”.
As Banerjee continues to claim wrong doing in Assembly Elections, it has been anticipated the legal battle over Bengal might escalate to courts.
What Constitution Says
Swapnil Tripathi, Lead at Charkha, the Constitutional Law Centre, at the Vidhi Centre for Legal Policy told NDTV that the constitutional position is relatively clear. Once the Assembly has been dissolved under Article 174(2)(b), its tenure comes to an end, and with it, the institutional basis of the Council of Ministers.
“In such a situation, the outgoing Chief Minister may, at best, continue in a caretaker capacity-ideally at the Governor’s request-until a new government is sworn in. However, this is a matter of constitutional convention rather than an enforceable rule, and the Governor retains a degree of discretion in managing this transitional phase,” Tripathi explained.
He added that a refusal by Mamata Banerjee to resign does not materially alter the constitutional position.
“The immediate next step, therefore, is the constitution of the new Assembly and the invitation to the leader who commands a majority among the newly elected MLAs to form the government.”
Options Before Mamata Bannerjee
In terms of staking claims to the Chief Minister post, Mamata Bannerjee does not have any viable option.
Tripathi explained that dissolution of the Assembly forecloses any claim to continue in office as a regular Chief Minister, since there is no House to which the government can be collectively responsible.
“The Chief Minister derives democratic legitimacy from the confidence of elected MLAs, and once the Assembly ceases to exist, that institutional foundation falls away. There is, therefore, no direct constitutional remedy that enables Mamata Banerjee to continue in office as Chief Minister beyond a transitional caretaker arrangement.”
Route Of Election Petition And Courts
Tripathi further told NDTV that in case there are grievances regarding the electoral process or results, the law provides a specific and well-defined mechanism-an election petition under the Representation of the People Act, 1951.
Such challenges must be pursued in accordance with statutory procedure and adjudicated by the appropriate High Court, where the petitioner must establish a violation of the Representation of the People Act in relation to a specific constituency election.
