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  • Category: State Elections

    Can a defeated candidate be elected as chief minister of the state?

    Recent state election results in West Bengal show an absolute majority of the existing political party with an exceptional case that the CM as a candidate has been defeated in her constituency by her opponent. Under the situation is it possible to become the CM again?

    [Edited. We are allowing this thread independent of the common thread on results.]
  • #729517
    Yes. The majority of MLAs of the party has to accept the candidate as their leader., He/she will become the leader of the party and once the party is called to form the government he /she will become the Chief Minister. When PV Narasimha Rao became the Prime Minister he was not in the elected MPs, He was not a member of the Rajya Sabha also. Later on, he got elected to Parliament from Nadyala Constituency. Once a non-member elected as CM he/she should win the elections within the next 6 months.
    drrao
    always confident

  • #729519
    Yes, it can happen because the Indian constitution provides that the Chief Minister is appointed by the Governor but the Governor cannot, in his discretion, appoint any person as the Chief Minister, but the member of the legislative assembly, on the advice of the cabinet only, a governor select CM. But the Chief Minister should ordinarily have the ability to be a member of the House.
    Even if a person who is not a member of the assembly is also appointed to the post of Chief Minister but after that, he has to become a member of the assembly within six months. In any form, the Constitution does not specify that the candidate who lost the election cannot become the Chief Minister.

  • #729526
    Our constitution is very liberal in this regard. If someone is not a member of assembly or parliament he/she can become CM or PM respectively. Like Narendra Modi, Rabri Devi, Udhav Thakre became CM and Manmohan Singh became prime minister, provided that he/she become the member of house within six months.

  • #729530
    Yes. A person can become PM or CM provided they contest and win election within six months after their appointment. This procedure is being followed in our country. Mamata is a great leader who has the whole hearted support of her party MLAs who won their seats in the recent election. It was the cunning BJP high command that tried to create trouble for Mamata in many ways. Mamata is a bold and courageous lady. She can be PM one day.
    No life without Sun

  • #729532
    This is the interesting question posed by the author. Presently WB CM Mamata Bannerjee though won the elections for the party with good majority , she was rejected by the Nandigram voters and that is the big set back. But for a CM aspirant there are new avenues open. All the newly elected MLA's would unanimouly elect her as the party leader to be annointed as CM again. One of the member need to resign and pave way for election again as CM. In this regard the opposition should be smart enough to cash on the defeated person vying for poll again and they can unite to defeat her. In that case if she defeated again she cannot become CM. But within six months this should be done and Mamta would be looking for the safe seat so that she can be elected wihtout much fuss. We have to see how the educated WB voters would behave.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #729555
    There are some interesting provisions in the democratic system where even in a situation of a candidate losing in election, he or she can become the Chief Minister. So, there is absolutely no problem in this particular case and Mamata would be the continuing Chief Minister in West Bengal. There are many cases in the past when similar situations arose and the person was made CM or PM irrespective of the fact that he was not a winning member. After the swearing in ceremony one has to win in some seat falling vacant within the 6 months to complete the process.
    Knowledge is power.

  • #729557
    Yes, it is possible and we had been seeing this happening earlier in our country in so many occasions after the elections. So, Madam Mamata would not have any problem in taking charge of CM post third time in succession.
    Thoughts exchanged is knowledge gained.

  • #729570
    But I am confused with one thing. It's said that she have to become MP within 6 months to retain her seat as CM. But for this elections are required. Is this possible without reconducting elections.

  • #729572
    @K.Mohan:

    According to Abhisar Sharma (Bebak, Live Tv) addressing a press conference Mamtadi has claimed that she has not lost Nandigram, rather , she has been defeated by a conspiracy. She asked election commission to do recounting but it was not accepted. Moreover, she revealed that returning officer sent her message in which he said if he went for recounting his life would be in danger. He or his daughter or his wife might be killed.
    These are simply allegations of Mamtadi and all these allegations should be investigated. Now situation is going to be deep as she will become the CM and she will get it investigated herself. She is also saying to go to court.
    Now bengali people are angry with bjp leaders. They are driving them away from their villages. Even in Nandigram Shuvendu Adhkari was attacked by people while he was going in his car. I don't think it is good in democracy. People should not react violently.

  • #729578
    Mamata Banarjee will become the Chief Minister. She has to contest and get elected within six months. Once she becomes Chief Minister, one of her party MLA will resign and offer the seat for her to contest in the by-election. She may face some problems here. The Election Commission has already postponed two by-elections in West Bengal where one of the contesting candidates from each constituency died before polls took place. The reason shown is the corona. The EC may use the same excuse for not conducting a by-election. Let us wait and see what happens.

    Mohanji, your wish to see Mamata Banarjee defeated again will never be fulfilled. She may be unanimously elected in the by-poll. If the BJP and the other parties have any sense, they will not contest the by-election and allow her to win unanimously.

    " Be Good and Do Good "

  • #729646
    [Response removed by Admin. Read forum policies.]
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #729687
    Article 164(4) of the Indian Constitution provides that 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 which means that a person can be sworn in as a minister irrespective of whether he/ she is an elected member of an assembly or the parliament but they will have to contest elections and become a member within six months to retain the position. So, it is legally possible for Mamta Banerjee to swear in as the next Chief Minister of West Bengal.

    Since the query raised by the author has been sufficiently answered in the responses above, this thread is being locked now.

    'Mastering others is strength. Mastering yourself is true power'. -Lao Tzu


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