The West Bengal Chief Minister Mamata Banerjee lost in Nandigram.
She lost the seat to her former protégé-turned-BJP leader Suvendu Adhikari by a margin of 1956 votes.
Note: Protégé is a person supported by a more experienced person.
However, she can still take over as the Chief Minister of the State. This is permitted under Article 164 (4).
The Article 164 lists the following:
- Article 164 (1): The Chief Minister is appointed by the Governor of the state.
- Article 164 (2): The Council of Ministers are collectively responsible to the Legislative Assembly of the state.
- Article 164 (3): The Governor administers the oaths of the minister.
- Article 164 (4): A Minister who is a not a member of the Legislative Assembly shall cease to be a minister at the end of six months.
As that of the provisions provided for the State Legislature under Article 164, Article 75 provides the provisions for the Central Legislature.
- Article 75 (1): PM and other ministers shall be appointed by the President.
- Article 75 (2): Ministers shall hold office during the pleasure of the President.
- Article 75 (3): The Ministers are collectively responsible to Lok Sabha
- Article 75 (4): The President administers oaths to the ministers
- Article 75 (5): A member who is not a member of both the houses for six months will cease to be a member of either of the house.
Chief Minister and Prime Minister
- According to Article 164 (4) and Article 75 (5), the CM and PM shall hold their offices even if they are not members of their respective houses.
- By this law, Mamta is to be appointed as the Chief Minister of West Bengal even if she has lost the election.
- However, she has to become a member of the West Bengal State Legislature within six months.