West Bengal Chief Minister Mamata Banerjee’s refusal to resign despite her party TMC’s decisive defeat has created an unprecedented constitutional impasse that threatens to breach the unbroken constitutional convention of the chief minister submitting his/her resignation to the governor to facilitate peaceful transfer of power.In the 294-member West Bengal Assembly, the BJP won 207 seats to end the 15-year rule of the TMC which could barely manage 80 seats in the results declared on May 4. She herself was defeated from Bhabanipur constituency by BJP leader Suvendu Adhikari by a margin of 15,114 votes.However, alleging that the poll outcome was the result of a “conspiracy” rather than the people’s mandate, Banerjee on Tuesday refused to step down. “No question of me resigning, we were defeated not by public mandate but by conspiracy,” she asserted.According to Article 164 of the Constitution, the Chief Minister and her Council of Ministers hold office during the pleasure of the Governor who has to be satisfied about her majority on the floor of the House.Although there is no provision in the Constitution requiring a chief minister to resign following defeat at the hustings, there has been an unbroken constitutional convention in this regard.As the TMC has already lost people’s mandate and the term of the outgoing assembly is scheduled to end on May 7, Banerjee’s refusal to resign doesn’t make any constitutional sense.Former Lok Sabha Secretary General PDT Achary described it as an unprecedented situation. “The Chief Minister (Mamata Banerjee) can lawfully continue till the term of the current assembly ends on May 7. Thereafter, she does not have the right to occupy the office of the chief minister,” Achary told The Tribune.He, however, said, “After May 7, the Governor can either ask her to continue in office as a caretaker chief minister till the new chief minister is sworn in or (he) can make some other arrangement or there can be the President’s rule for a few days before the new government takes oath.”