No bypolls in Bengal? CM Mamata Banerjee has a back-up plan, says TMC

As per rules, Mamata has to get elected to the Legislative Assembly by November 5

Trinamool Congress supremo Mamata Banerjee’s deadline to get elected to the West Bengal Legislative Assembly, and retain her chief minister's chair, is nearing. But the ruling party is not worried.

“If the bypoll is not conducted, she will resign two days before the stipulated time of six months ends and take oath as chief minister again after two days,” party MP and spokesperson Saugata Roy has been quoted as saying by The New Indian Express.

There were allegations by opposition parties that the BJP used former chief minister of Uttarakhand, Tirath Singh Rawat, as a scapegoat to prevent bypolls in Bengal by citing the pandemic, to compel Mamata to step down as well.

Rawat, like Banerjee, was not an elected member of the Assembly, which is mandatory to hold the top position. He assumed office on March 10, hence requiring to be elected by September 10. He resigned on July 2 after the Election Commission could not hold bypolls in the state.

Read | After Tirath Singh Rawat's resignation, all eyes on Mamata Banerjee and West Bengal bypolls

Banerjee has time till November 5 to become an MLA, and if the poll panel does not conduct the seven bypolls due in the state, she will have to resign and pick her successor, most likely a sitting MLA.

If Mamata wishes to escape bypolls altogether, she will have to revive the state’s Legislative Council, which she had announced soon after she was sworn in as CM the third time. This is similar to how Maharashtra CM Uddhav Thackeray retained his post without being a member of the Legislative Assembly.

This could be difficult for the party as the proposal for a Legislative Council has to be approved by Parliament. “Since the BJP has a majority in Parliament, we will wait for approval. Bengal had a Legislative Council since Independence, so there should not be any issue in its revival,” Roy was quoted as saying.

The three-time CM had lost to her aide-turned-enemy Suvendu Adhikari in Nandigram by 1,956 votes. She has also challenged the BJP leader’s win in the Calcutta High Court, which has reserved its judgment in the case.

According to 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”. As per the Representation of People’s Act 1951, a bypoll should be held within six months in case of a vacancy.