"Kick Her Out": Mahesh Jethmalani On Mamata Banerjee's "Won't Resign" Move

The call for dismissal of Bengal Chief Minister Mamata Banerjee went up by a notch as senior advocate Mahesh Jethmalani said her 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's Padmaja Joshi.

"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.

Read: "I Won't Resign": Mamata Banerjee Says Trinamool Didn't Lose Bengal Election

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.  

Banerjee, who lost the state to BJP yesterday after three consecutive terms in power, has refused to resign from her post.

"I have not lost, so I will not go to Raj Bhavan. I will not tender resignation," she told reporters at a press conference this evening. She has claimed that 100 seats have been "stolen" from her party.

#TheBuckStopsHere with @PadmajaJoshi

Mamata Banerjee should be taught a lesson, she's a disgrace to the very concept of democracy and rule of law: Mahesh Jethmalani (@JethmalaniM), Senior Advocate, Supreme Court pic.twitter.com/bMQXpBGcop

— NDTV (@ndtv) May 5, 2026

Her unprecedented move can technically get her dismissed. In any state, the Chief Minister and her cabinet work at the "pleasure of the Governor". The term of the Bengal assembly ends on May 7.

Asked about her allegation that 100 seats in the state have been "looted". Jethmalani suggested that the 71-year-old go to court if she has any grievance on that score.

"File individual election petitions for all of them if you have so much evidence. You can waste the time of the court; the court will probably unceremoniously throw you out as well. You have already been given short shrift in the Supreme Court twice before. If you want to keep making yourself a laughingstock, go ahead and do it. You have a constitutional right to move court," Jethmalani added.

Banerjee, following her defeat in the Bhabanipur constituency, alleged that the government and the Election Commission has colluded to bring about this "victory".

Earlier today, Assam Chief Minister Himanta Biswa Sarma, who won a third straight term in this round of election, also told NDTV that Banerjee should be dismissed.

"If she doesn't resign, she will be dismissed. The country doesn't run according to her whims. The Governor will wait for a certain period, and after that, she will be dismissed - it is as simple as that," Sarma told NDTV.

"You don't allow fencing on the border, and then you claim seats were snatched from you? This result should have come to you a long time ago. The people of West Bengal gave you a lot. Today, they have given a mandate to the BJP," he added.