Mamata Banerjee's refusal to resign after the 2026 Bengal election has set up an extraordinary constitutional crisis that is likely to be kicked up to Governor RN Ravi and maybe the Supreme Court for resolution.

There is no explicit provision in the Constitution demanding a chief minister resign after losing an election. Standing down after a poll defeat - at the core of a peaceful transfer of power - is a convention rather than the rule, though that could well change now.

All the retired bureaucrats appointed by Mamata Banerjee in the West Bengal government have been barred from offices ahead of the new BJP government formation in the state. Retired officials who were serving in various departments have been instructed not to attend the office from today onwards, officials said.

Sources told NDTV that West Bengal Chief Secretary Dushyant Nariala conveyed this directive from Lok Bhavan to all departmental secretaries. Secretaries of each department have reportedly been verbally communicated this order within their respective offices.

The BJP has attacked Mamata Banerjee over her statement that she would not resign despite her party's defeat, calling the stand "anarchic" and against India's democratic traditions.

The party described her refusal as "constitutional blasphemy" and accused her of undermining the principle of peaceful transfer of power.

BJP national spokesperson Sambit Patra said Banerjee's stand is "concerning" as India has a long-standing tradition of peaceful transfer of power.

"This is both laughable and concerning. It is concerning because India's democracy is known for its dignity and grace in the peaceful transfer of power.

"Since Independence, such a situation has never arisen where two parties get entangled in this manner during a transition. Over the last 75 years, India has earned global recognition for this remarkable democratic tradition.

"But what Mamata Banerjee has said and done today is deeply unfortunate. This is an attack on a long-standing democratic convention. It is not an attack on the BJP, but an attack on democracy and the Constitution," he told reporters.

Senior advocate Mahesh Jethmalani has said that Mamata Banerjee's behaviour is "unpardonable" and a "challenge to the whole democratic system".

Once an election is certified by the Election Commission, the Chief Minister ceases to be a Chief Minister, he said in an exclusive interview to NDTV.

"It is an insult and she deserves to be taught a lesson... I'm glad she did this. I'm glad that this is her attitude so that the Governor can dismiss her instead of her gracefully resigning... the Governor must formally dismiss her because she holds office at his pleasure," Jethmalani said. "If she insists on sticking like a lemming to her chair, then the Governor must unceremoniously dismiss her. I would like to say, given this conduct, kick her out," he added.

In case Banerjee continues to occupy her office, the Governor could send in the police and "evict her," Jethmalani said.

"She is a trespasser in the Chief Minister's office from now on. The moment the election is certified - election results are certified - she is a trespasser," he added.

Mamata Banerjee has alleged that the West Bengal assembly poll verdict was "not a people’s mandate but a conspiracy".

"The question of my resignation does not arise, as we were defeated not by a public mandate but by a conspiracy…I did not lose; I will not go to Lok Bhavan," she said.

Bengal Chief Minister and Trinamool Congress president Mamata Banerjee has refused to resign after losing the state to the BJP.

Banerjee, who has served three consecutive terms in power, has said that she has not lost the election and the mandate the BJP got on Monday was the result of "loot".