No to adult franchise

Turning down an appeal for adult franchise as the "court has no power to completely frame a fresh scheme altogether,” Justice S. U. Kamdar of the Bombay High Court accepted the modification to the election scheme suggested by five of the seven trustees of the Bombay Parsi Punchayet (BPP).

Citing clause 98 of the scheme Kamdar noted in his judg­ment dated April 1, 2005 in Minoo Rustomji Shroff and others vs Charity Commissioner and others the majority of the trustees or the Anjuman Committee (AC) must initiate the modifications.

As the majority of the trustees did not move the court for adult franchise nor did a majority of the AC, Kamdar noted "it is not possible for me to accept any of the objections or contentions raised by respondent no. 2 (BPP trustee Dinshaw Mehta) and 3 (former BPP trustee Rustom Tirandaz) and/or intervener in the present proceedings.”

The judge, however favored universal adult franchise stating, "Plainly speaking there could be no doubt that adult franchise is the best method by which an election ought to be carried out. It is also true that by mere donation any person ought not and should not (be) permitted to become a member of the AC...

"However the 5... trustees who are in majority have proposed only a minor modification to the scheme keeping intact the original system of donor members being made direct members to the AC on the strength of their donation. It has been contended by the learned counsel for the petitioner that the changes to the scheme ought to be gradual and therefore as and by way of part modification they have put forward the present propo­sal that the donation amount should be enhanced from Rs 15,000 to Rs 25,000 and ratio of elected member of the AC of 1:1 i.e. one donor member to one elected member be further modi­fied to 1 donor member to 2 elected members i.e. 1:2...

"I would like to make it clear that the proposal provid­ing for 21 years for a person to be a trustee of a trust must obviously mean that a number of years for which a person can be a trustee of a Parsi Punchayet ought not to exceed 21 years in any manner whatsoever.”

The respondents and interveners termed the proposals put forth by the BPP as "totally absurd” as it discriminated between those who could buy votes and those who had first to seek election to the AC and then be eligible to vote for the trustees.

They contended that "except Bom­bay all over India the Parsi puncha­yets have adopted universal adult franchise... Some of the interveners have contended that the scheme of an indirect election is not a practical one since it requires to elect large number of AC members.”

R. A. Dada, senior counsel with Pal Modi with G. Joshi i/b M/s. Pardiwala and Company appeared for the petitioners, P. C. Patel, A.G.P. for respondent no. 1, the Charity Commissioner, Z. S. Irani for the interveners, Parways Bhumgara for interveners, Phiroz Amroliwala and Rustom Tirandaz argued in person and R. M. Sethna i/b Maneksha Sethna appeared for respondent no. 2

History

Going into the genesis of the scheme, Kamdar observed, "Originally in suit no. 689 of 1906 the scheme was sanctioned by this court on 18.6.1909 pertaining to the election of trustees of the funds and immovable properties of the Parsi Puncha­yet. The said scheme is in force as on date.”

The scheme provided for an electoral college known as the anjuman committee (AC) to elect the trustees of the BPP. The life of the AC extended for seven years after which the Punchayet was duty bound to undertake fresh elections.

The original donors of Rs 5,000 plus to the Punchayet comprised half the number of the AC. The other half were elected by those Parsi Zoroastrians of Bombay who are enrolled on the general register of the Punchayet.

Over the years, the number of donors having increased substantially and the value of money having declined, the court raised the bar for donor member to Rs 15,000 in 1991. An embargo of five years on voting right was also included to prevent the electoral right from being bought to buttress a particular candidate in a trusteeship election.

In early 1999, the BPP trustees framed a further amendment to the scheme and invited objections from the members of the Parsi community. After considering these objec­tions the trustees formulated proposals for amendment to the electoral scheme which were approved by the Court.

With the strength of the elected representatives being doubled, there is every chance that a majority of the new AC can move the court for universal adult franchise. The right given to every Indian in 1947 may then become a reality for the Parsis, albeit 60 years later.