Bhubaneswar, Feb. 21: The bail plea of Mayurbhanj MP Rama Chandra Hansdah, who has been lodged in jail for his alleged involvement in the deposit collection scam, was rejected today by the Khurda district and session judge court.

Hansdah had sought bail on the ground that his continued absence from the Lok Sabha would attract disqualification of his membership from the House. His attendance in the Lok Sabha during the budget session, beginning from February 23, is essential to retain his membership of the House.

Hansdah, former BJD MLA Subarna Nayak and former BJP MLA Hitesh Bagarti, were arrested by the Central Bureau of Investigation (CBI) on November 4 for alleged malpractices done by the Naba Diganta Capital Services Limited, a company that had cheated thousands of people all over Odisha. All three were the directors of the company and had subsequently claimed innocence on the ground that the company misled them.

Hansdah's cousel Rabindra Nath Patsani told the court: 'The Article 101 (4) of the Constitution says that his seat will be declared vacant if he does not attend the Lok Sabha for 60 days at a stretch,' said Patsani.

However, senior advocate Pitambar Acharya told The Telegraph: 'A member will be disqualified if he has not attended the session for more than 60 days. But, he can apply for leave from the Speaker. Leave can be granted up to 60 working days. The application will be referred to the Leave of Absence of Members Committee. If the committee recommends the disqualification of the member, the Speaker will seek his removal from the House and thereafter, the member will be unseated. Hansdah can also approach the high court challenging the court order.'

Acharya said mere filing of the chargesheet against a member of the parliament would not disqualify him. Quoting the provisions of the Representation of Peoples Act, he said a person may be disqualified to hold the post of an MP or member of any legislature if he is convicted of any offence and sentenced to imprisonment for not less than two years.

The CBI had seized Rs 28 lakh in cash from his home in Mayurbhanj district. He was suspended from the BJD on the very day of his arrest.