Saying he has not been served an expulsion letter by the party although it was announced by Chief Minister Naveen Patnaik Nov 16, Mohapatra said he filed a writ petition seeking a direction to BJD to send the expulsion order to the Rajya Sabha and him.
Mohapatra said by not sending the expulsion order, the party had made its position unclear in the Rajya Sabha.
Mohapatra has been Naveen Patnaik's non-official advisor for over a decade. He was suspended from the party after he allegedly plotted a coup to unseat Patnaik.
The alleged attempt May 29 forced Patnaik to return from Britain where he had gone on an official tour.
After his suspension, Mohapatra launched the Odisha Jana Morcha (OJM), a political forum saying he wants to establish "internal democracy" in the state's ruling party.
The OJM has held two massive rallies and is gearing up to hold a few more causing embarrassment to the ruling party.
"He is no more in BJD. Let him do whatever he wants," senior party leader Prabhat Tripathy told reporters.