Accusing the BJP and the Election Commission of India of “stealing” the mandate in West Bengal through “manipulation of EVMs” and violence, TMC chief Mamata Banerjee Wednesday refused to resign as Chief Minister and her party announced that it would be moving court against the Assembly election results.

As Banerjee dug in her heels, state Chief Electoral Officer Manoj Kumar Agarwal met Governor R N Ravi and submitted the gazette notification of the election results, clearing the decks for the Governor to invite the BJP, the party voted to power in a landslide, to form the next government.

Other than Agarwal, Ravi also met Chief Secretary Dushyant Nariala. Agarwal later told reporters: “The Election Commission of India (ECI) has published the gazette notification of the winning candidates. Now, the Governor will take all decisions as per provisions of the Constitution.”

Citing Article 172 of the Constitution, a senior official of Lok Bhavan said the West Bengal Assembly will automatically stand dissolved with effect from midnight May 6 after the expiry of its five-year term. The outgoing Council of Ministers can continue to operate in a caretaker capacity until the new government is sworn in.

“If the Governor wants, he can replace the existing government with a caretaker government but the new ministers too will have to take oath. He can also impose President’s rule for a few days. After the Assembly is dissolved, the Governor will call the largest party to form the new government. The largest party has to elect its legislature party leader,” the official said.

BJP sources said party MLAs will choose their leader once Union Home Minister Amit Shah, appointed a central observer for the legislature party proceedings, reaches Kolkata. The swearing-in ceremony is likely Saturday and a venue is being finalised.

Meanwhile, Mamata Banerjee and her nephew Abhishek Banerjee, who is a Lok Sabha MP and the TMC general secretary, held a meeting with all the newly-elected MLAs of the party at her residence in Kalighat this evening.

Of the 80 MLAs, nine did not turn up. The meeting lasted over an hour. According to sources, the MLAs were told to remain in their respective constituencies and guard against post-poll violence.

“We will go to court (over the elections). Post-poll violence is continuing,” Abhishek Banerjee said after the meeting.

According to sources, Mamata Banerjee told the MLAs that the party would approach the Supreme Court with its complaints about tampering of EVMs and “vote loot by the BJP and EC”.

She also told the MLAs to identify who among the party leaders “sabotaged” the polls.

“She reiterated that she will not resign as Chief Minister, even if President’s rule is imposed in Bengal. She said the EVMs were manipulated and she herself was beaten up at a counting centre,” said an MLA present at the meeting.

Banerjee said she would take the fight against the BJP to Delhi, that the INDIA bloc was with her and she would agitate along with other Opposition leaders. SP leader Akhilesh Yadav is scheduled to meet her Thursday.

“She also asked the party’s legal team to be prepared since she expects a number of cases to be filed against party leaders and workers in the coming days,” another MLA said.

Abhishek Banerjee asked the MLAs to lodge complaints of post-poll violence online if the police refuse to accept complaints.