"He has lost the right to remain president of BJD since July 10, 2010 according to the constitution of the party ... He is unfit for the post of president," Mohapatra, who formed the OJM within BJD after being suspended from the party following the May 29 failed coup bid, told reporters here.
Referring to his suspension on June 1, Mohapatra, a Rajya Sabha MP termed it as 'illegal' as per constitution of the party.
"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 who was dubbed traitor by Patnaik after the May 29 coup attempt, however, said he would talk to the chief minister if he wanted to.
"If he (Patnaik) wants to talk, I will," he said replying a question.
Claiming that the OJM would strive to develop inner party democracy, Mohapatra claimed that he and other members of his platform continued to be part of the ruling party.
"Caucus has developed in the party thereby giving democratic functioning a good bye,"he said.