Kolkata: As the EC on Wednesday handed over a list of elected MLAs to governor R N Ravi for the Bengal Legislative Assembly to be convened, legal experts indicated Ravi might seek the President’s nod to be the state’s administrative head for the one-day gap between May 7, when the term of the previous govt ended, and May 9, when the new govt was sworn in. Mamata Banerjee‘s refusal to resign in protest can create the gap.According to legal experts, the Constitution is clear about such a limbo. The governor, under Article 164 of the Constitution, can invite the outgoing CM, in this case Banerjee, to act in a caretaker’s role for a day. But lawyers are doubtful about the governor requesting Banerjee, considering her refusal to resign as the CM. The same constitutional article states that the governor appoints a CM, who serves at the “pleasure of the governor”. Under Article 164, she/he can be dismissed by the governor, provided some exceptions.In such a situation, the second alternative for the governor is to ask a senior minister to be a temporary caretaker CM. But if all fall flat, one more option will be to invoke his powers under Article 163 (read with Article 356), by which governor’s rule can be imposed for a day. In this scenario, the governor can act as an administrative head with the help of the chief secretary, for which he will have to take the President’s permission.Article 163 and 356 are linked through the governor’s discretionary power to report failure of constitutional machinery. Under Article 163, the governor is to act on the aid and advice of the council of ministers, the governor can act in his own discretion when recommending the President’s rule under Article 356.Lok Bhavan has not issued any statement.Bengal’s chief electoral officer Manoj Kumar Agarwal on Wednesday met Ravi at Lok Bhavan to complete the statutory formalities of handing over the gazette notification, containing the names of elected members of the new Assembly. Agarwal later told reporters the EC’s role in the Assembly elections was over, except for the completion of the pending Falta poll. “I came to complete the statutory work of submitting the gazetted notification, done after every election. The list of elected MLAs has been handed over,” the CEO said. “Now, constituting the Assembly is the Lok Bhavan work. The EC role has ended except for conducting the Falta poll.” The handing over of the gazette notification is a mandatory constitutional norm after the declaration of results, paving the way for the governor to initiate the process of constituting the new Assembly and forming a govt.
