New Delhi, May 5 (IANS) Former Solicitor General of India and senior advocate Harish Salve on Tuesday said that outgoing West Bengal Chief Minister Mamata Banerjee’s refusal to formally resign after the Assembly election defeat may not precipitate a constitutional crisis as the statute has enough muscle to deal with such a situation.

Talking to IANS, Salve said that the Governor has the option to not call her to continue as acting Chief Minister or advise the Union government to impose President’s Rule.

In a lighter vein, he said, “I hope she is not planning to do a Capitol in Kolkata” – a reference to a similar situation that arose after US President Donald Trump refused to accept electoral defeat and exhorted his Republican supporters to storm the Capitol in Washington D.C. in 2021.

“A certain trans-Atlantic virus seems to be spreading fast over the past 10-12 years. As a result, things boil down to my truth versus your truth instead of the truth,” he said.

Salve said Banerjee, calling “ECI a villain”, reflects an unfortunate state of affairs in which some politicians are increasingly questioning constitutional institutions. “It’s an insult to democratic principles,” he said.

“A Chief Minister who has taken the oath to protect and follow the Constitution is refusing to follow it,” he said.

As for the fairness of the West Bengal elections, Salve said, “It’s a constitutionally valid election as challenges to SIR were dismissed by the Supreme Court. In any case, the voter list is completely decoupled from elections.”

He also saw a parallel between Banerjee’s tendency to question constitutional institutions and AAP leader Arvind Kejriwal’s recent attempt to accuse a High Court judge of bias.

“You are trying to attack an institution. Trying to terrorise. The message is that if you don’t give a favourable decision, then I will dig out your background,” he said.

Banerjee has alleged wrongdoing in the just-concluded Assembly election in the state in which the BJP has recorded a big win. She has refused to tender her resignation ahead of the swearing-in of the next Chief Minister.

Banerjee’s reluctance to gracefully hand over power to a democratically elected successor contrasts with the decision of Tamil Nadu Chief Minister M.K. Stalin and Kerala Chief Minister Pinarayi Vijayan, who, conceding defeat in elections, tendered their resignations to respective Governors.

Speaking to media persons in Kolkata, Banerjee ruled out the possibility of voluntarily tendering a resignation to the Governor as the outgoing Chief Minister.

According to her, the “defeat” of Trinamool Congress this time was not a “defeat” in the real sense, as the results did not reflect the true public mandate.

“Why shall I resign now? We are not defeated in the true sense. The results are reflections of massive misappropriation and vote-looting. So, from where does the question of resignation arise?” Banerjee told the media persons.

–IANS

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