Can Mamata Banerjee become chief minister after losing Nandigram? Has it happened in past?

This is exclusive and presumably the primary time {that a} chief minister misplaced her seat, however the get together registered a much bigger victory than achieved in the earlier meeting election. West Bengal Chief Minister Mamata Banerjee earned this distinction on May 2 because the outcomes for West Bengal Assembly election had been introduced.

Mamata Banerjee pushed the Modi-Shah juggernaut of the BJP off the observe in West Bengal as her Trinamool Congress gained 213 of 292 seats that went to the polls between March 27 and April 29. But she misplaced the election from Nandigram constituency to Suvendu Adhikari of the BJP.

The outcomes left a dilemma involving political morality over this query: Can Mamata Banerjee stay chief minister after losing Nandigram?

Constitutionally, the reply to this query is “yes”.

In India’s constitutional scheme, anyone might be appointed because the chief minister or a minister and even prime minister with out being a legislator. But such an individual ought to get elected by the individuals inside six months of appointment.

Article 164(4) of the Constitution reads: “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.”

WHEN LOSING CANDIDATE BECAME CM

On a number of events a non-MLA has taken oath because the chief minister. The most up-to-date instance is of Uttarakhand Chief Minister Tirath Singh Rawat. Mamata Banerjee herself was not an MLA when she took oath as West Bengal chief minister for the primary time in 2011.

There have additionally been situations in the previous when a chief ministerial candidate misplaced the election however the get together gained a majority. And, there have additionally been situations when an individual was elected because the legislature get together chief and have become chief minister after losing an meeting election.

In 1952, the primary meeting elections passed off in the nation. It was known as the State of Bombay again then and mixed Maharashtra and Gujarat. Morarji Desai, the Congress chief who later turned the prime minister in the Janata Party authorities in 1977, misplaced the meeting election. But he was too influential a frontrunner to be not noted of the federal government. The Congress Legislature Party of Bombay elected him because the chief and Morarji Desai was appointed because the chief minister.

Incidentally, the identical yr, one other individual turned chief minister with out contesting basic election. C Rajagopalachari, the final Governor-General of India — a put up that received transformed into the President of India — didn’t contest fearing that he would lose the meeting election in the then Madras state.

Rajagopalachari didn’t contest meeting bypoll even after turning into the chief minister of Madras for a similar purpose. He didn’t even go for open election for the Legislative Council. He received elected to the Legislative Council on the quota of the Madras Chambers of Commerce.

In latest years, the BJP gained 2017 Himachal Pradesh Assembly polls however its chief ministerial candidate Prem Kumar Dhumal misplaced the election. The BJP received a brand new face, Jairam Thakur because the chief minister of Himachal Pradesh.

WHAT IF CM LOSES BYPOLL?

There have been situations when a chief minister misplaced the bypoll. In Nineteen Seventies, Uttar Pradesh Chief Minister Tribhuvan Narayan Singh misplaced the bypoll. He resigned instantly.

But a ticklish state of affairs emerged in 2009, when Jharkhand Chief Minister Shibu Soren — the daddy of present Chief Minister Hemant Soren — misplaced a bypoll however briefly toyed with the concept of clinging to energy via reappointment to get a contemporary lease of six months to get elected. Under strain from ally Congress, Soren resigned, and the President’s Rule was imposed in Jharkhand.

CAN A NON-MLA BE REAPPOINTED AS CM?

The concept of reappointment as a minister or chief minister has been rejected by the Supreme Court in a 2001 ruling. The matter associated to the re-appointment of Tej Prakash Singh — the son of former Punjab Chief Minister Beant Singh, who was assassinated by terrorists — as minister in 1995-96 with out being elected to the meeting.

The case additionally drew consideration in the direction of the case of J Jayalalithaa, the previous Tamil Nadu chief minister. She had become the chief minister regardless of having been disqualified to contest election.

The Supreme Court dominated that no individual might be reappointed for 2 phrases with out turning into member of the legislature — MLA or MLC, the place the legislative council exits.

Mamata Banerjee, thus, has six months’ time to get elected as an MLA if she continues because the chief minister. West Bengal doesn’t have a legislative council. It was abolished in 1969.

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