Those trying to destroy Constitution will never succeed,

Accusing the BJP of violating the principles of the Constitution to form a "government at midnight in Maharashtra", West Bengal Chief Minister Mamata Banerjee on Tuesday said the Supreme Court verdict and Devendra Fadnavis resignation has shown that the Constitution cannot be subverted.

Devendra Fadnavis should not have taken the oath as chief minister of Maharashtra when he did not have the numbers, she said while addressing a special session of the West Bengal Assembly to observe the Constitution Day.

Earlier in the day, the Supreme Court directed that Fadnavis has to prove his majority in the assembly on Wednesday. The BJP leader then resigned from his post - only three days after he was sworn-in - saying he did not have majority.

"Efforts are on to destroy the Constitution. We have heard about freedom at midnight but have never heard of government at midnight," the chief minister said.

"The Supreme Court has upheld the Constitution and it is the best gift as we mark 70 years of adoption of the Constitution," Banerjee, also the Trinamool Congress supremo, said.

While talking to reporters later, Banerjee questioned the role of certain governors and said the post is being "badly misused" in West Bengal.

"In my state, the post of the governor is being badly misused. No one should forget that the post of the governor is a nominated one, but the state government is elected. We are not at the mercy of anyone," she said.