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EXPLAINED | How Is Mamata Banerjee CM Despite Losing Seat And Why Bhabanipur Bypoll Is Important

Mamata Banerjee needs to win a seat in the state assembly by November 5 as per the constitutional provisions in order to continue as the Chief Minister.

Kolkata: Election Commission of India (EC) on Saturday announced that the Bypoll to the Bhabanipur assembly seat in West Bengal, from where Chief Minister and Trinamool Congress (TMC) chief Mamata Banerjee plans to contest, would be held on September 30. 

The poll body said that elections for three "deferred adjourned" elections - in three assembly seats of West Bengal and one of Odisha - will be held on September 30 and the result will be declared on October 3. 

The announcement came as a massive relief for TMC as it will give Banerjee a chance to become a member of West Bengal's Legislative Assembly which will further allow her to continue as Chief Minister of the state. 

Mamata Lost Nandigram Seat 

During the West Bengal Assembly Polls held earlier this year, Mamata Banerjee decided to leave her traditional Bhabanipur seat and contest elections from Nandigram seat but lost to her former protege-turned-rival Suvendu Adhikari, who contested on a BJP ticket. 

Mamata Banerjee lost by a narrow margin of less than 2,000 votes to former TMC leader Suvendu Adhikari. Adhikari is now the Leader of Opposition in the West Bengal assembly.

However, under Mamata Banerjee's leadership, TMC bagged a massive electoral triumph for a third successive term.

How Did Mamata Became CM Without Winning?

Mamata Banerjee needs to win a seat in the state assembly by November 5 as per the constitutional provisions in order to continue as the Chief Minister. The Constitution allows a non-member (be it CM or a minister or even a Prime Minister) to continue in a ministerial position only for six months.

Article 164(4) of the Indian Constitution says that a minister who is not a member of a state legislature or Parliament for six consecutive months shall at the expiration of that period cease to be a Minister. 

BJP's Reaction On EC Announcement

The Bharatiya Janata Party (BJP) expressed reservations about the Election Commission's decision to hold bypolls in Bhabanipur assembly constituency.

"We had always maintained that holding by-polls and polls to all the seats should be held together when the Covid-19 situation improves. We don't know if holding by-election to one seat and election to two seats is a practical decision since the pandemic is still raging and there is the threat of third wave. However, we accept the decision of the EC," opposition leader in the state Assembly, Adhikari said.

Meanwhile, BJP state president Dilip Ghosh wondered why the elections to urban local bodies in the state are being held up for years while assembly by-election is facilitated when the TMC enjoys an absolute majority.

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