Bhabanipur, Jangipur and Samserganj are voting again on Thursday, the results of which will be declared on October 3. This move by the Election Commission of India will allow Mamata Banerjee a chance to become a member of the state legislative assembly.
Banerjee had moved out of her traditional Bhabanipur seat to fight in Nandigram during the Assembly polls earlier this year but lost to his former close aide Suvendhu Adhikari who contested on a BJP ticket.
How Did Mamata Remain CM?
It is unique and probably for the first time that a chief minister lost her seat in an assembly elections. Constitutionally she can remain the Chief Minister for a duration of 6 months.
The Constitution of India allows anybody to be appointed as the chief minister or a minister or even a prime minister without being a legislator or a Member of Parliament. But then a person should get elected within six months of appointment.
According to the Article 164(4) of the 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.”
Has it Happened Before?
Yes, there have been several occasions were a non-MLA has become a Chief Minister or a State Minister.
Recently, Tirath Singh Rawat was made the Uttarakhand Chief Minister without being an MLA. Even, Mamata Banerjee herself was not an MLA when she took oath as West Bengal CM for the first time in 2011. However, if Mamata loses the Bhabanipur seat, she will have to resign from the CM’s position.
TMC Demanded By Polls
The TMC for long had been requesting the Election commission to conduct the by polls in the state. TMC delegation had met EC multiple times requesting to conduct by polls at the earliest.
In July, Mamata met PM Modi and reports said that she requested him that the party agree to hold the elections on time. Mamata had also said that the elections should be held on time because it is a democratic exercise.
BJP Pushed for Delay
BJP MLA and the leader of Opposition in state assembly Suvendu Adhikari had met Union Home Minister Amit Shah and the state BJP leaders have been pushing to delay the bypolls citing Covid-19 pandemic.
The BJP also requested delay as the case of post-poll violence that happened after the Assembly elections in May is still under investigation.
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