“No malafides involved…”

The Bombay High Court divisional bench of Justices Dr S. Radhakrishnan and Anoop V. Mohta delivered their decision sanctioning Universal Adult Franchise on April 30, 2008. The suit was initiated by the World Alliance of Parsi Irani Zar­thoshtis (WAPIZ) founder trustees Khojeste Mistree, Hoshang Wania and Yazdi Desai. There were 16 parties responding to the WAPIZ petition seeking a stay on the elections by adult franchise and instead favoring the newly sanctioned Anjuman Co­m­­mittee of 2007. The WAPIZ trustees also alleged the four Bombay Parsi Pun­chayet (BPP) trustees who resigned (Minoo Shroff, Dinshaw Tamboly, Maneck Engineer and Burjor Antia) could not withdraw their resignations. The remaining two trustees, Dinshaw Mehta and Dadi Engineer did not constitute a quorum (a minimum of three trustees is required) and hence could not move the proposal before the courts for amending the election scheme to incorporate adult franchise, WAPIZ alleged. Justice Roshan Dalvi had dimissed WAPIZ’s contention and hence the appeal to the divisional bench. We reproduce relevant extracts from the judgment of Justices Radhakrishnan and Mohta:

"The objection raised was that the petition filed by the petitioners had no locus standi… four of the petitioners had already resigned and as such they have no locus standi to do so. In this context, we have considered the issue of the validity of the said resignations and we have by our judgment… held that the aforesaid resignations of the said four petitioners were not at all effective in law, in the sense they were not valid resignations in the eyes of law. In view thereof, the petitioners do have locus standi to file the above petitions for sanction of Scheme…

Clockwise from top left: Dr S. Radhakrishnan, Anoop Mohta, Roshan Dalvi and A.M. Khan­wil­kar: favoring adult franchise

"On a perusal of the entire scheme as proposed, it is apparent that there is no malafides at all involved and in fact the proposed amendment is in general interest and would in fact further the interest of the trust. In this context, it is necessary to note that the learned single judge (Justice A. M. Khanw-ilkar) in an earlier order dated April 1, 2005… had strongly suggested that there has to be Universal Adult Franchise. Having regard to the aforesaid suggestion, it appears that since the entire community has accepted that it is high time that every adult is given an opportunity to select the trustee and the said power should not be vested only in a limited body as that of Anjuman Committee, therefore, there is absolutely nothing wrong in the new proposal… of direct election of trustees and the Anjuman Committee has to be dispensed with and there is absolutely nothing malafide in the same…

"The objection was raised that the donor member should not be allowed to have two votes and… it should be noted that this very issue was raised before the learned single judge… (who) has categorically accepted that the donor member can have two votes and there is nothing obnoxious about it… The same stands rejected.

"The challenge with regard to the suggestion of Universal Adult Franchise… it is very clear to note that the petitioners being the trustees had strongly after consultation of the entire Parsi community accepted the suggestion made by this Court in the earlier order dated April 1, 2005.

"In fact, for a proper election of trustees, ideal would be Universal Adult Franchise, which has been accepted and proposed as an amendment in the said scheme. Hence, we do not find anything wrong in providing such Universal Adult Franchise for the purpose of direct election of trustees…

"We make it clear that the election process for the post of all the seven trustees should commence immediately and the same should be completed expeditiously. To ensure that every eligible Parsi member above the age of 18 years, whose name is entered in the General Register or Donor Register is entitled to take part in the aforesaid Universal Adult Franchise to elect the trustees, we direct that the enrolling of new members and electoral roll shall be completed within a period of two months from today and the entire exercise of election shall be completed within a period of four months thereafter so that there is a proper elected board of trustees to take charge.”