Kolkata: West Bengal is heading for an unprecedented constitutional confrontation after Chief Minister Mamata Banerjee refused to resign following her party's defeat to the BJP in the Assembly election. The BJP won a landslide victory, with Banerjee losing her home constituency of Bhabanipur to BJP rival Suvendu Adhikari by over 15,000 votes.

"We have not been defeated, I will not resign," Banerjee told a press conference on Tuesday, alleging that the election had been rigged and that she and Trinamool Congress representatives were manhandled and thrown out of counting centres.

Former Chief Election Commissioner S.Y. Quraishi said the constitutional provision allows the governor to ask for the chief minister's resignation. If she refuses, the governor can invoke Article 356 (President's Rule) citing a breakdown of constitutional machinery. "Even if for a duration of a day or two, in a situation like this, President's Rule is the most likely outcome," he said.

Senior advocate Sunil Fernandes said, "She will achieve nothing by resisting. By resisting her resignation she will only contribute to constitutional chaos." The BJP is expected to form the new state government, with the oath-taking ceremony likely on Saturday.

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