"He has lost the right to remain president of BJD since July 10, 2010 according to party constitution. He is unfit for the post of president," Mohapatra, who formed Odisha Jana Morcha (OJM) within BJD after being suspended from the party following the May 29 failed coup bid, told reporters.
Terming his suspension on June 1 as illegal, the Rajya Sabha MP claimed that Patnaik had ceased to be BJD president.
"As Patnaik ceased to be president of the party since July 2010, how can he suspend me in June, 2012?" Mohapatra asked stating that he had not received any formal letter from the party on his suspension.
Mohapatra alleged that inner party democracy had been destroyed and the executive committee of BJD, which should meet at least once in six months as per the party constitution, had not met for several years.
"Caucus has developed in BJD thereby giving democratic functioning a good bye," he said.
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Mohapatra who was dubbed a traitor by Patnaik after the May 29 coup attempt, however, said he would talk to the chief minister if he wanted to.
Retaliating at a public meeting in Berhampur, the chief minister said "Some people are trying to stab me in the back and hinder development in the state."
"It is immaterial for me who is with me and who is not. For me, the four crore people of Odisha are important. I want to work for them," the BJD supremo said.
"I may be in power or not but I will continue to work for the people of the state. I will work to achieve the dreams of Biju Babu (former chief minister) till the end of my life," said an emotional Patnaik.