BJDPP leader Bhartruhari Mahtab in a letter to the Lok Sabha speaker said that since Panda had voluntarily resigned from BJD he cannot continue as an MP as per the terms of the tenth schedule of the Constitution which pertains to anti-defection provisions.
As per law Panda stands disqualified as a Lok Sabha MP, he said adding "Now that he has resigned of his own accord, the proceedings for his disqualification under the Tenth Schedule need not be initiated by our party."
Panda was elected to Kendrapara Lok Sabha Constituency in the 2014 general elections on the BJD symbol and party ticket.
"He has been consistently engaging himself in anti-party activities as a result of which the party (BJD) was constrained to suspend him, which was duly communicated to your august office," the letter said.
The letter requested the Speaker to accept Panda's resignation forthwith since he ceases to be an MP as per provisions of the Constitution and the law so that the "necessary consequences may obtain and follow".
Panda was suspended from the primary membership of BJD by the party president Naveen Patnaik on January 24 on the basis of a report submitted by two senior party leaders Pramila Mallick and Usha Devi.
Panda resigned from BJD on May 28 and wrote to the Lok Sabha Speaker on June 12 with a request to accept the resignation.
BJD had a total 20 members in the Lok Sabha including Panda.
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