How Mamta Banerjee can remain CM of West Bengal despite losing Nandigram
10:31 AM
Mamata Banerjee will get six months to be elected in any of the Bengal constituencies in the by-elections for the CM seat.
Even as Mamata Banerjee lost the Nandigram convention election to BveP's Suvendu Adhikari - the loss of his party which he said would challenge him - she may easily remain the West Bengal Prime Minister.
Article 164 of the Constitution of India provides for the taking of oaths as a minister. Article 164 (4) states, "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."
In other words, Banerjee will get six months to be elected in any of the Bengal constituencies in the by-elections for the CM seat. In 2011, when Banerjee took the oath of office as CM for the first time, he was a Member of Parliament as he did not run in the general election. A few months later, he was elected in Babanipur.
Congress leader and legal expert Abhishek Singhvi said, “Constitutionally, legally and ethically, no one can or should not oppose Mamata Banerjee being a CM and elected within six months. If there is an opposition, it will not only be fraudulent but may also show a lack of knowledge of the Indian constitution. ”