Wait and watch

The divisional bench of the Bombay High Court has set July 25 as the date for hearing the two World Alliance of Parsi Irani Zarthoshtis (WAPIZ) appeals asking for a stay on the forthcoming trusteeship elections by Universal Adult Franchise and for ousting the four Bombay Parsi Punchayet (BPP) trustees who resigned and subsequently withdrew their resignation. Justices R. M. Khandeparkar and D. G. Karnik decided to "hear the appeals together” and added they were "not granting any stay. The elections may go on.” "We are not stalling the process of the elections,” stressed Khandeparkar.

The hearing for a stay on the elections was set for June 18, 2007 and rescheduled for June 19 at the request of the WAPIZ attorney. The preliminary hearing started with lawyer Virender Tulzapulkar who represents petitioners WAPIZ founder trustees Khojeste Mistree, Hoshang Wania and Yazdi Desai, pointing out to the court that should the four BPP trustees (Minoo Shroff, Dinshaw Tamboly, Maneck Engineer and Burjor Antia) be disqualified from holding office, then the new election scheme would have been passed by only two (Dinshaw Mehta and Dadi Engineer) of the existing six. "The quorum required is three,” said Tulzapulkar.

Khandeparkar asked the hypothetical question that if there were seven trustees on the board and five were to die, "It should not happen” he interjected but, "what would be the consequences?” Tulzapulkar cited clause 52 of the scheme for elections of BPP trustees which states, "wherever a vacancy shall occur… the Anjuman Committee (AC) shall have power to elect the person.” The said vacancy should be filled in "not less than 28 days and not more than two months from the date when such vacancies shall have occurred.”

The counsel for the BPP Iqbal Chagla stated, "after repeated appeals from the community” seeking "adult suffrage” the trustees had moved the court seeking to change the "antiquated system” existing in the past. Chagla referred to clause 70 of the election scheme which notes, "it shall be competent to a majority of the trustees at any time, to submit to a judge of the High Court in chambers for sanction of this scheme.” The attorney noted, "a trust can never stop functioning.” The single judge of the Bombay High Court Roshan Dalvi had ruled on February 8, 2007 that the withdrawal of the resignations was in order. Thus the trustees could continue functioning, Chagla argued. Assuming that the legal battle continues to the Supreme Court after the divisional bench give their verdict, all activity of the trust would be kept pending as there would be no quorum, Chagla reasoned.

The jurist noted that the uncertainty "could remain for long” to which Tulzapulkar countered that a new AC had been elected and could therefore elect a trustee, giving the BPP board a quorum of three.

By permitting only the 2,336 members of the AC to vote instead of the community at large, Chagla alleged this would constitute an "elitist election… let there be universal franchise. Let the election process go forward.”

After the judges set the July date for the appeals, former BPP trustee Rustom Tirandaz addressed the court stating that the WAPIZ petitioners "assisted me in collecting 10,000 signatures of people wanting the Universal Adult Franchise (system). Can we go back to such an archaic system” as the AC? queried Tirandaz.

The scheme in force till Justice K. M. Khanwilkar delivered his historic judgment on April 5, 2007 sanctioning Universal Adult Franchise required the community to elect a certain number of representatives who along with a similar number of donors voted trustees to office. This body of elected representatives and donors was termed the AC. This was an indirect scheme of elections which WAPIZ currently favors as many of their supporters were elected unopposed to the AC earlier this year.

Among those present in the court were BPP chairman Shroff, Tamboly and Antia, solicitor and community activist Berjis Desai, Mistree and WAPIZ founder trustee Homi Ranina.

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Who can vote/contest?

The eligibility of those who can register to vote and stand for election as trustees has been stated in the "Scheme for the election of trustees of the funds and immovable properties of the Parsi Punchayet of Bombay.” Copies of the scheme are available on payment of Rs 100 from Doijode Associates, 301, Banaji House, 361, Dr D. N. Road, Flora Fountain, Bombay 400001.

"Every Parsi whose name is not previously entered in the General Register and whose name does not appear on the Donor Register shall, on application to the trustees in such form as may from time to time be prescribed by the trustees (but which form will require a declaration that the applicant professes the Zoroastrian faith) and on payment of a registration fee of Rs 10 or such other amount as the trustees may from time to time determine, be entitled to have his/her name entered on the General Register…

"It is expressly clarified that no Parsi shall be entitled to have his name entered on the General Register and the Donor Register at one and the same time.”

If the original certificate of registration is lost how does one obtain a duplicate copy?

"If any certificate shall be lost or accidentally destroyed, the person to whom such certificate shall have been issued shall on application to the trustee(s) and on making a solemn affirmation in writing that such certificate has been lost or accidentally destroyed and on payment to them of a fee of Rs 10 be entitled to have a fresh certificate issued to him or her... Such fresh certificate shall be furnished, as far as possible, within two working days after receipt of the application accompanied by an affirmation of loss in the form prescribed for the same.”

Who can be a trustee?

"A member of the Parsi community of not less than 30 years of age and who shall have been duly proposed and seconded.”

When does a person submit his name as a candidate for trusteeship?

"Written notice shall be given to the trustees of the name of every person proposed for election… not less than 30 days before the date appointed for the election and such notice shall be accompanied by a cash deposit of Rs 5,000.

"Any candidate for election as a trustee may withdraw his candidature by delivering at the office of the Parsi Punchayet a notice in writing not less than 15 days before the date fixed for the election of a trustee. The deposit shall be forfeited if the candidate fails to secure at least 100 votes.”

Can a candidate for trusteeship be disqualified?

"No person shall be eligible to be elected as trustee…

If such person has been convicted by a Court in India for an offence involving moral turpitude, is sentenced in respect thereof to imprisonment, such sentence not having been subsequently reversed or quashed and a period of five years has not elapsed from the date of the expiry of the sentence;…

If such person has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force.

If such person by reason of mental or bodily infirmity has become incapable of acting.

If such person shall not be a Parsi.

If such person is an undischarged insolvent.

If such person has applied to be adjudicated as an insolvent and his application is pending.

For further details readers may contact the BPP office at 209 Dr Dadabhai Naoroji Road, Fort, Bombay 400001. Phones: 22617421/2/3; e-mail: ppbombay@vsnl.net. Website: www. bpp.in (No information on the election process is posted on the website at the time of going to press.)