Kolkata: Mamata Banerjee who lost the assembly poll in Nandigram to BJP’s Suvendu Adhikari will challenge and can easily remain the Chief Minister of West Bengal said the party.
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According to Article 164 of the Indian Constitution it says, “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.”
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In other words, Banerjee will get six months to get elected from any Bengal constituency in a by-poll to hold on to the CM’s chair. In 2011, when Banerjee took oath as the CM for the first time, she was a Member of Parliament as she didn’t contest the assembly election. After a few months, she got elected from Bhabanipur.
“Constitutionally, legally and morally no one can or should object to Mamata Banerjee becoming the CM and getting elected within six months. If anyone objects, it would not only be churlish but would also betray a lack of knowledge of the Indian Constitution.” said Congress leader and legal expert Abhishek Singhvi
A similar provision of becoming minister first and getting elected later also exist in Parliament. Article 75 (5) of the constitution said, “A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.”