Editorial Viewpoint
A fair fight
Another day, another futile wait. The phone rings. The case should be coming up for hearing we are told. All other engagements and appointments for the day are kept on standby. A dash to the court, sitting patiently in a jam-packed courtroom only to have another date given or none at all. If no date is specified then we have to keep daily track of the case load on the Bombay High Court website to see when the matter will be posted next.
Since Bombay High Court Justice A. M. Khanwilkar’s order on April 5, 2007 sanctioning the universal adult franchise scheme for election of the trustees, over six months have passed with appeals and counter appeals being filed and heard.
Now among the several petitions pending is a crucial one by the Bombay Parsi Punchayet (BPP) trustees asking for an extension on the October deadline set by Khanwilkar to hold the elections. Due to administrative reasons and litigation filed by the World Alliance of Parsi Irani Zarthoshtis (WAPIZ) in the courts, the BPP could not hold the election in the specified time period. Hence the appeal to the court.
In normal practice Khanwilkar would have granted the extension and starting December 1, 2007 the election would have begun, spread over two weekends. But WAPIZ argued that as four of the six trustees had resigned and could not therefore legally withdraw their resignations, the proposed BPP adult franchise election scheme did not have the required quorum of three to pass the resolution advocating adult franchise.
WAPIZ’s brief on the resignations was dismissed by Bombay High Court Justice Roshan Dalvi on February 8, 2007. WAPIZ then moved the appeal bench. Since then the matter has been in limbo.
While the bench of Justices R. M. S. Khandeparker and D.G. Karnik categorically stated while admitting the WAPIZ appeal that they were not stalling the electoral process, the new bench of Chief Justice Swatanter Kumar and Dr D. Y. Chandrachud have still to hear the matter.
On October 5, 2007 the bench was inclined to grant an extension but as several other petitioners wanted to be heard first, the matter was posted for Tuesday, October 9. On that day just before the WAPIZ-BPP matter was to come up another case from the morning was taken for hearing. The bench then rose without stating the next date for the election hearing. In all likelihood the elections will now be put off till 2008.
Even though WAPIZ has publicly stated they favor adult franchise, they are opposing the proposal because they reportedly managed to pack the Anjuman Committee which was elected on February 18, 2007. They want the election for the seat vacated by the death of sitting trustee Silloo Kavarana to be held with the new Anjuman Committee so that their candidate, businessman Yazdi Desai, can be elected.
This has become all the more imperative as with the suspension of the Afternoon Despatch and Courier daily following a public dispute between the newspaper’s shareholders, WAPIZ has lost its main propaganda vehicle. The WAPIZ Page with its libelous attacks on all those perceived as their opponents, used to be published every fortnight and distributed to seven thousand Parsi homes, according to the orthodox body.
But even this newly formed Anjuman Committee election was held under the auspices of the same trustees, four of whom WAPIZ allege cannot hold office. Hence the election logically would have to be held by the old Anjuman Committee elected 14 years ago (the life of an Anjuman Committee is seven years). This would be an absurdity and a cruel joke on the community that has patiently waited for a chance to cast their ballot for the first time in the 330-year history of the BPP.
But more than just a vote being denied or delayed, all other important issues also are being kept on hold. Even though the courts have put no bar on the functioning of the six trustees and despite their legal counsels ad
Since Bombay High Court Justice A. M. Khanwilkar’s order on April 5, 2007 sanctioning the universal adult franchise scheme for election of the trustees, over six months have passed with appeals and counter appeals being filed and heard.
Now among the several petitions pending is a crucial one by the Bombay Parsi Punchayet (BPP) trustees asking for an extension on the October deadline set by Khanwilkar to hold the elections. Due to administrative reasons and litigation filed by the World Alliance of Parsi Irani Zarthoshtis (WAPIZ) in the courts, the BPP could not hold the election in the specified time period. Hence the appeal to the court.
In normal practice Khanwilkar would have granted the extension and starting December 1, 2007 the election would have begun, spread over two weekends. But WAPIZ argued that as four of the six trustees had resigned and could not therefore legally withdraw their resignations, the proposed BPP adult franchise election scheme did not have the required quorum of three to pass the resolution advocating adult franchise.
WAPIZ’s brief on the resignations was dismissed by Bombay High Court Justice Roshan Dalvi on February 8, 2007. WAPIZ then moved the appeal bench. Since then the matter has been in limbo.
While the bench of Justices R. M. S. Khandeparker and D.G. Karnik categorically stated while admitting the WAPIZ appeal that they were not stalling the electoral process, the new bench of Chief Justice Swatanter Kumar and Dr D. Y. Chandrachud have still to hear the matter.
On October 5, 2007 the bench was inclined to grant an extension but as several other petitioners wanted to be heard first, the matter was posted for Tuesday, October 9. On that day just before the WAPIZ-BPP matter was to come up another case from the morning was taken for hearing. The bench then rose without stating the next date for the election hearing. In all likelihood the elections will now be put off till 2008.
Even though WAPIZ has publicly stated they favor adult franchise, they are opposing the proposal because they reportedly managed to pack the Anjuman Committee which was elected on February 18, 2007. They want the election for the seat vacated by the death of sitting trustee Silloo Kavarana to be held with the new Anjuman Committee so that their candidate, businessman Yazdi Desai, can be elected.
This has become all the more imperative as with the suspension of the Afternoon Despatch and Courier daily following a public dispute between the newspaper’s shareholders, WAPIZ has lost its main propaganda vehicle. The WAPIZ Page with its libelous attacks on all those perceived as their opponents, used to be published every fortnight and distributed to seven thousand Parsi homes, according to the orthodox body.
But even this newly formed Anjuman Committee election was held under the auspices of the same trustees, four of whom WAPIZ allege cannot hold office. Hence the election logically would have to be held by the old Anjuman Committee elected 14 years ago (the life of an Anjuman Committee is seven years). This would be an absurdity and a cruel joke on the community that has patiently waited for a chance to cast their ballot for the first time in the 330-year history of the BPP.
But more than just a vote being denied or delayed, all other important issues also are being kept on hold. Even though the courts have put no bar on the functioning of the six trustees and despite their legal counsels ad
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