New board in Poona

After months of delay in holding elections to the Poona Parsee Panchayat (PPP), the ballot boxes were bypassed altogether and a new board declared elected unopposed on March 28, 2010. Via a notice published in the Jam-e-Jamshed of March 28 then chairman of the PPP, Tehmasp Bharucha informed all members of the community in Poona that since one of the eight remaining candidates contesting the elections, Polly Bhikhaji Patel, had withdrawn from the race and "since there are only seven trustees to be elected from amongst the eligible candidates, it is decided in consultation with the election officer/presiding officer, Sohrab Mehta, that there shall be no voting on 28.03.2010. All the seven candidates... are declared elected unopposed for the post of trustees of the Poona Parsee Panchayat for the period of three years commencing from 01.04.2010.”

The new board comprises Jehangir Rustomji Daruwalla, Farokh Behram Irani, Tanaz D. Irani, Pervez A. Kapadia, Rumy P. Mehta, Noshir Ardeshir Nanavatti and Bahram Pashutanizadeh. Businessman Farokh Irani is the only one on the team who has served as a trustee of the PPP earlier. Nanavatti is a social worker, Kapadia and Pashtunizadeh are businessmen, Mehta is a lecturer, Tanaz Irani is in service and Daruwalla is retired.

With the term of the earlier board expiring on December 31, 2009, elections were originally scheduled to be held a month earlier, on November 29, 2009. Just prior to the contest, Nanavatti sent the PPP a legal notice challenging the eligibility of sitting trustee Jamshed Bokdawalla and former trustee Eruch Irani on the grounds that they were tenants of the PPP (see "Postponement in Poona,” Parsiana, February 7, 2010). On the basis of this letter the PPP disqualified the duo, resulting in Eruch Irani serving a notice on the PPP through the junior court, restraining them from holding elections. Mabrin Noshir Nanavatti mentions in an e-mail sent to Parsiana that "the suit was filed on the ground of illegal process of the election carried out by the trustees” and the "violation” of (Eruch’s) "civil rights.”

The court cross-examined Eruch Irani and, after due hearing, on March 10, 2010 passed an order stating: "The right to vote or stand as a candidate for election is not a civil right but is a creature of status or special law and must be subject to the limitations imposed by it.” Justice A. M. Samanth, also noted: "Under the circumstances and in view of the facts and circumstances of the case I hold that, this court has no jurisdiction to entertain and try the present suit. The contention of the plaintiff (Mr Eruch Irani) regarding infringement of civil right and competency of the court to entertain and try the suit is not sustainable,” the e-mail mentions. It further states: "Having lost this case, Mr Eruch Irani filed a fresh suit in the District Court for stay application and injunction application which was again rejected by the District Court. He has now gone into appeal for the same.”

As a result of the postponement and the resultant uncertainty a "state of chaos and disorder” resulted in Poona, Mabrin Nanavatti mentioned in another e-mail sent to Parsiana. According to him, the trust has already lost a substantial amount of money through advocates’ fees and advertisements in newspapers informing the electorate about the election and its subsequent postponement, not to mention a considerable and significant amount of time of the trustees and candidates. "The Parsis and Iranis of Poona are now fed up of the incessant superfluous and unremitting suits filed by aggrieved parties, which has brought limitations and restrictions to the powers of the trustees. The members of the Jeejeebhoy building are going through tremendous difficulty, pressure and obstacles as they have to fend for themselves (regarding) the running of the domestic needs of the colony.” The e-mail further states that residents of the colony, which is managed by the PPP, have formed groups and are fighting with each other, supporting either the aggrieved parties or the PPP trustees.

Another fallout of the situation was that an aspirant, Roshan Chindhy, withdrew from the race due to the constant legal battles. The rest of the contestants were uncertain about whether to remain in the fray to escape such "trials and tribulations,” the e-mail states. Kapadia too sent a withdrawal letter, but it was rejected as it did not bear his signature. The letter was signed by his wife. With Patel’s written submission to the trustees withdrawing his candidature, the PPP went ahead with the election and now it is left to the seven new trustees to take up the reins and the challenge of handling community matters in Poona.