Bhubaneswar: In a swift move to initiate the process of new government formation in West Bengal, the Governor RN Ravi has dissolved the State Assembly with immediate effect.

This big development has come when the incumbent Chief Minister Mamata Banerjee earlier had declared not to resign after losing the Assembly elections held recently, citing ‘moral victory’ and a ‘calculated defeat’

 Thursday evening a formal notification was issued by the state government stating that the dissolution was carried out under Article 174(2)(b) of the Constitution.

The order, issued by Chief Secretary Dushyant Nariala on the Governor’s directions, stated that the Assembly stood dissolved from May 7.

​The development comes even as Chief Minister Mamata Banerjee has not yet submitted her resignation.

Under normal procedure, a sitting chief minister tenders resignation following the conclusion of an Assembly’s term or after losing majority support.

However, in this case, the Assembly has already been dissolved before Banerjee formally stepped down.

Political watchers clearly see the Governor’s decision paving way for inviting the party or alliance capable of forming the next government.

The results marked a major political shift in West Bengal, with the Bharatiya Janata Party emerging as the dominant force in the state winning 207 seats. TMC could retain only 80 seats from 210 in 2021.

As of now, there has been no immediate official response from Mamata Banerjee or the TMC leadership on the dissolution order passed by Governor.

CM vs GOVERNOR: CONSTITUTIONAL PROVISIONS

The constitution has provided the following constitutional tools to act when situation arises where the Governor must take a call on the State Assembly.

·        Article 174: Under Article 174, Governor has power to summon, prorogue, or dissolve the Legislative Assembly.

·        ​​Article 174(2)(b) Governor's power to dissolve the Assembly. The central threat used by the Governor to resolve the deadlock.

·        Article 163 Council of Ministers to aid and advise the Governor. The basis of Mamata's argument that the Governor cannot act alone.

·        Article 356 Provisions in case of failure of constitutional machinery (President's Rule).

In the current scenario, Guv RN Ravi invoked the constitutional provision of Article 174(2)(b).