Courting challenges

Three major challenges loom large to the holding of the Bombay Parsi Punchayet (BPP) trusteeship elections under the new Universal Adult Franchise scheme.

The World Alliance of Parsi Irani Zarthoshtis (WAPIZ) has filed two notices of motion before the divisional bench of Bombay High Court justices R. M. Khandeparkar and D. G. Karnik due for hearing on June 18 and 28, 2007. And noted solicitor Rusi Sethna has filed an appeal on behalf of Pervez Driver alleging that the Bombay High Court is not the correct forum for deciding amendments to the election scheme but that the authority vests with the Charity Commis­sioner’s office.

In the hearing on June 18, WAPIZ founder trustees Khojeste Mistree, Hoshang Wania and Yazdi Desai have requested the court that "pending admission and hearing and final disposal of the appeal operation of the order dated April 5, 2007 passed by honorable Shri Justice A. M. Khandwilkar… sanctioning amendments to the scheme for election of trustees of the Funds and Immovable Properties of the Parsi Punchayet of Bombay be stayed.”

In an affidavit Mistree states "that under the scheme resignation of Respondents 1, 2, 3 and 4 (Minoo Shroff, Dinshaw Tamboly, Maneck Engineer and Burjor Antia) as (BPP) trustees have become effective on submission thereof and there is no provision requiring acceptance of resignation or permitting withdrawal of resignation of trustees.”

The affidavit goes on to note that the four trustees submitted their resignations on June 19, 2006 (Tamboly, Engineer and Antia) and June 20 (Shroff). But on October 20, 2006 all the six BPP trustees filed for "Radical amendments to the scheme, under which the system of election of trustees by the Anjuman Committee (AC) in force for the last 100 years is proposed to be replaced by so called direct elections of trustees by members of the community, whose names are entered in the General Register of voters.”

The affidavit notes that all the present trustees have agreed to "cease to hold office as trustees” once the elections are held. Mistree also notes that the new AC of 2,335 individuals was formed unopposed as 2,336 (sic) forms were received for 2,335 posts.

In the notice of motion due for hearing on June 28, 2007 the WAPIZ threesome requested the divisional bench "pending the hearing and final disposal of the appeal Respondents number 2, 3, 4 and 5 (Shroff, Tamboly, Engineer and Antia) be restrained from in any manner acting or purporting to act as trustees of respondent number 1 (BPP) trust.”

In an affidavit Mistree noted "it is just and necessary that…unless such stay is granted, the appellants and members of the Anjuman Committee constituted in February 2007 as also the members of the Parsi community are bound to suffer, grave and irreparable loss and injury…

"I say that unless interim injunction restraining respondents number 2, 3, 4 and 5 from acting or purporting to act as trustees of Respondent Number 1 Trust pending hearing and final disposal of this appeal is granted this appeal is likely to be rendered infructuous without affording any opportunity to the appellants of being heard on the merit of their appeal.”

The notice for the hearing was sent to all the respondents/the advocates, interveners etc in the case namely the six trustees of the BPP, Syrus Darvish Irani, Dr Viraf Jehangir Kapadia, Pervez H. Driver, Fali Poncha, Rustom Sheriar Tirandaz, Persi Russa Patel, Zeree B. Jehangirji, Noshir Burjorji Captain and Neville Kersi Mukadam.

The Jam-e-Jamshed Weekly in its issue of June 10, 2007 alleges that BPP trustee Dinshaw Mehta along with WAPIZ and Driver "are trying to snatch your right to vote…

"History is full of examples as to what happens to those who try and obstruct the democratic process. WAPIZ and Mehta may push off the elections by a month or two, but in the process, they would have made sure that their bonafides are simply shattered.”

Sethna is likely to argue that the oft cited decision of the Nagpur High Court bench is infructuous as at that time Nagpur was the capital of Madhya Pradesh and was not in the present day state of Maharashtra. As the BPP is a public charitable trust it must perforce come under the jurisdiction of the Bombay Public Trust Act and hence the Charity Commissioner’s office.

With all the legal twists and turns a shadow has been cast upon the holding of the elections under adult franchise. While the legal brains tackle the issues and technicalities involved, the community can do little but wait and watch. Preparations for the elections however continue unabated with strong rumors that the Adult Franchise for Progress (AFP) and Alert Zoroastrians Association (AZA) combine are preparing a list of eminent community personnel to stand for election.

In his "Parsi Tari Arsi” column in The Bombay Samachar of June 3, 2007 noted lawyer, community activist and columnist Berjis Desai noted, "As and when this panel is announced, we promise you that some jaws will straight away drop right up to the ankle, and this is not an empty boast. This eminent panel will comprise men and women, wholly unconnected with so called Parsi politics and wholly untainted by any controversy or scam or scandal… This independent panel shall be controlled by none (it is so eminent that it is not capable of being controlled by any outside group). In other words any effort to paint this independent panel as a ‘liberal’ panel or a ‘reformist’ panel will simply not succeed. As a matter of fact, an intelligent opponent like WAPIZ may not even make this attempt once it knows as to who these panel members are.

"The panel is an attempt to break away from the rather sordid and cantankerous past of the BPP and introduce a whiff of fresh air. This may mean that no sitting trustee of the BPP will find place in this panel. Fresh faces augur a fresh beginning.”

Desai also recommended that the present BPP chairman Shroff "is a fit and deserving person soon to be gratefully acknowledged as chairman emeritus after the new trustees are elected.”

Shroff’s presence on the board, even in an honorary capacity, will ensure some continuity between the old and new board, assuming that none of the present trustees stand for reelection or if they do so, they are not elected. BPP trustees Mehta and Dadi Engineer are both reportedly undecided about contesting the election. Once Shroff’s term in office expires, he will not be eligible to seek reelection as he will have already served the maximum 21 years permitted for trusteeship under the present scheme. If Desai manages to pull off the coup, as he has the legal wranglings to date, he will have not only made it possible for the average Parsi to have the vote, but also ensured that the community continues to be served by the best and the brightest.