Contention over consensus
Voices were raised and tempers frayed at the Bardoli meet to decide who should be the next West Zone B vice president
Humbandagi at Bardoli meet
Not only were voices raised and tempers frayed through much of the one-day meet on August 31, 2014 but representatives of various Gujarat anjumans also consistently kept approaching the chair to ensure their point of view was heard and followed. Nearly all the participants spoke in Gujarati with some insisting that at all FPZAI meetings representatives should speak in their mother tongue. Except for two trustees of the BJA, no other women delegates were present.
The unpleasantness was over the contentious issues of nominating a consensus candidate from the zone for the office of vice presidency as well as ousting Sorab Katpitia who handles the defunct anjumans’ portfolio from dealing with West Zone B matters. The two present vice presidents, Darayas Master, president of the Surat Parsi Panchayat (his position as president is being contested in the courts) and World Alliance of Parsi Irani Zarthoshtis (WAPIZ) founder trustee and former Ahmedabad Parsi Panchayat (APP) president Areez Khambatta are not seeking reelection. The pro WAPIZ and the pro Bombay Parsi Punchayet (BPP) chairman Dinshaw Mehta camp factions have been slugging it out over who should be elected in their place.
The zonal meet had been called to decide on a consensus candidate to avoid a public spat at the FPZAI annual general meeting and executive council meet to be held on September 13 and 14 in Bombay. Hence "we were surprised another meeting” had been held in Bilimora on August 26 to decide on the issue, said Pithawala. At that meet, the anjumans owing allegiance to WAPIZ nominated Valsad Parsi Anjuman managing trustee Sam Chothia as their vice president nominee. APP president Brig (Retd) Jahangir Anklesaria was the Mehta camp’s candidate. The purpose of the Federation was to talk and "settle matters with mutual understanding. Shanti thi khulaso karva maagiéch (we want to talk and decide peacefully),” noted Pithawala.
BJA trustee and honorary secretary Pervez Mehta told the gathering that he was unaware of the August 26, Bilimora meet. He alleged the WAPIZ camp "say okay to your face but behind your back say something else.” A prior meeting on August 7 of the West Zone B anjumans had been allegedly hurriedly convened in Valsad to discuss the defunct anjumans’ custodial draft agreement and to discuss the vacancy caused by Khambatta’s reluctance to pursue another term; they had been alerted of Khambatta not seeking reelection through a report on the Parsiana website, parsiana.com.
The night before the August 7 Valsad meet Pervez says he received a call from Marzban Baria, managing trustee of the Bilimora anjuman inviting him to the event. Pervez explained he had to be in Bombay the next day to attend a FPZAI defunct anjumans’ committee meet. But he added, "I would have cancelled the ticket” for Bombay and attended the Valsad meet had the hosts, Valsad, extended the invitation instead of Bilimora.
Baria explained the Valsad meeting was convened at the last moment and as the hosts were pressured with the arrangements, they delegated the responsibility of inviting Pervez to Baria. Plus with the muktad ceremonies starting the next day, "It was not possible (for me) to call,” Chothia explained.
Baria alleged that the BJA had colluded with others to field Anklesaria or Pithawala without consulting them. "As you have nominated Anklesaria, we have nominated Chothia,” he asserted. Parsiana had mentioned Anklesaria and Pithawala as two possible candidates. Parsiana clarified at the gathering that the news was not provided by the BJA but by talking to several parties to ascertain who the possible candidates could be. Had Chothia’s name also been mentioned, the publication would have included him as well.
Baria also noted that though Khambatta was still the vice president of the West Zone B he had not been invited to the meet. (At the West Zone B meet in Ahmedabad on July 28, 2013, Pithawala and Pervez had not been invited by Khambatta and attended after making their own arrangements — editors.)
Since a consensus did not appear possible and since some anjumans who would have supported Anklesaria’s candidature were not present, Pervez suggested a vote be taken at the main FPZAI meet two weeks later. This was not acceptable to Chothia’s supporters. As the acrimonious debate continued, Anklesaria announced his withdrawal from the contest. "I have no interest in being party to this (controversy). I am sorry. Thank you very much.”
"In the event…”
The WAPIZ delegates also blasted the proposed custodial agreement draft drawn up by noted solicitor Burjor Antia and FPZAI’s joint honorary secretary Farrokh Rustomji and circulated by the FPZAI to all anjumans. Their primary objection was the clause that states, "in the event of the total number of members being permanently residing and or having immovable properties in the territorial jurisdiction of the anjuman… being reduced to 15 or less than 15, the FPZAI will be automatically vested with the properties of the anjuman and shall be in complete charge of the affairs and properties so as to manage and safeguard the same.”
Percy Buhariwala of Vyara said that his anjuman "was not agreeable” to the custodial scheme. "No anjuman will agree.” He felt the defunct anjuman scheme was "a waste of time.”
"Stop this talk of defunct anjumans,” chorused Hoshang Bajina, president of the Mahuva Parsi Anjuman.
Pithawala and Pervez noted that when they visited neighboring anjumans to conduct "a survey of dasturjis” to ascertain the number of priests practising there, their age, education, number of agiaries and so on, they received a phone call accusing them of wanting "to close agiaries and to take over anjumans, properties…we never asked about the population,” etc, clarified Pervez, alluding to the minimum 15-member requirement.
The focal point of the defunct anjumans issue was Katpitia who is viewed as being close to Dinshaw and is therefore anathema to the WAPIZ camp. Dinshaw has been at loggerheads with his two co-trustees on the BPP, Khojeste Mistree and Yazdi Desai, who are both WAPIZ founder trustees. The BJA was initially an ally of WAPIZ but subsequently parted ways and is in Dinshaw’s camp.
In his litany of criticism against Katpitia, Chothia alleged that Rs 70,00,000 had been received as an advance for sale of some property in Dharwar but the receipts for the money had been signed by the BPP cashier and not any trustee. The initial agreement referred to a Parsi Punchayet trust and not the BPP, he pointed out. And why was the money not credited to the FPZAI account? No tenders were called for and the price quoted was less than the current market value, he claimed. Pervez explained that all the expenses of the FPZAI are borne by the BPP and hence the monies were deposited with them. The price was the prevalent rate at the time the deal was struck. Subsequently those opposing the sale were told to bring a higher bidder but no one had come forth. The original buyer said they should either conclude the deal or return the deposit, said Pervez. The FPZAI has done neither.
Chothia also handed over to the Parsiana representative a sheaf of papers which he alleged would expose Katpitia’s complicity in the proposed dakhma land sale in Bhusaval (see "Background on Bhusaval,” pg 25).
The representatives then decided to form a committee comprising Chothia, Baria, Buhariwala, Sarosh Bhurana of Ankleshwar, Anklesaria, Bajina and Kayiomand Kerawalla of Bharuch to handle zonal defunct anjuman issues and directed Katpitia to "hand over all papers and files” pertaining to the subject of the new committee. Pervez stated this resolution would have to be ratified at the FPZAI meet as the zonal anjumans did not have the authority to divest Katpitia of the responsibility. He also noted that neither Dharwar nor Bhusaval over which the allegation had been leveled against Katpitia, fell in West Zone B.
Katpitia repeatedly asked for an opportunity to explain his point of view and was finally given a few minutes prior to lunch. He was told he could continue later but was not allotted any time. "In spite of my repeated requests I was not allowed to clear my position,” he stated as the meeting concluded.
FPZAI offices
There are five vice presidents, each elected by members of the five zones, West Zone A (Maharashtra and Goa), West Zone B (Gujarat including Saurashtra, Diu and Daman), North Zone (Uttar Pradesh, Madhya Pradesh, Rajasthan, Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir and the union territories of Delhi and Chandigarh), East Zone (West Bengal, Bihar, Orissa, Assam, Nagaland, North-East Frontier Agency, Manipur and Tripura) and South Zone (Andhra Pradesh, Madras, Kerala, Mysore and Pondicherry). The chairman of the BPP is "from time to time…the president of the Federation,” notes the Memorandum and Rules and Regulations of the FPZAI.
The honorary secretaries and treasurers are appointed by the general body. One secretary and treasurer is as per custom a BPP trustee.
Background on Bhusaval
Among the papers handed over to Parsiana by Chothia alleging fraudulence included a FPZAI background report which noted: The Bhusaval dakhma land was lying neglected as a result of which the property was "in a highly deplorable state and as consequences thereof the dead bodies of the Parsis are to be taken either to Surat or Nasik for the disposal.”
The last change report which indicates the retirement and appointment of trustees amongst other matters was filed with the office of the Charity Commissioner (CC) in September 1969. "The property near the dharamshala is encroached and the trustees have not taken legal action… The audited statements of accounts are not regularly filed. There is no (trust deed) ,there are no proper records or documents about the origin/creation of the trust.” So stating the FPZAI submitted a scheme to the Assistant Charity Commissioner (ACC) at Jalgaon nominating Dinshaw Mehta, co-trustees Arnavaz Mistry and Muncherji Cama, the late BPP chief executive officer Mehli Colah and Pervez Mehta as trustees of the property.
According to the minutes of the defunct anjumans’ committee held on March 7, 2013 where BPP trustees Mehta, Arnavaz Mistry, Mistree, Armaity Tirandaz and FPZAI vice president North Zone Tehmton Anklesaria, Katpitia and others were present it was decided that "Katpitia was advised to find some buyers” for the Bhusaval property.
When a buyer, Rajat Patil, was identified, a deposit placed, and the scheme "entered at the Bhusawal CC (was) at the final stage,” Katpitia’s assistant Jimmy Bacha wrote to Patil "to arrange for funds and finalize the deal of the property at an early stage.” Some misunderstandings over the letter led to a heated exchange of emails including allegations of forgery, etc between Dinshaw and his nemesis Mistree and Desai. The issue was also raised at the West Zone B Ahmedabad meet in 2013. Eventually the Bhusaval Parsis were galvanized into action when "a public notice affixed on the board of the ACC, Jalgaon, dated March 28, 2013, (showed) that two persons by name, Bacha of Navsari and Nogamawala of Vanki Bordi, Surat had submitted a scheme for the Bhusaval Parsi Anjuman Fund.
A memorandum of understanding signed by Dr Nariman Kavina, nominee president of the BPAF and Cawas Panthaki, senior executive of the BPP notes there were 10 trustees of the trust, the last of whom expired on April 2, 2013. "Unfortunately, after the death of the original trustees, no new trustees were brought on record even though the members of the Zoroastrian Parsi community residing at Bhusaval were taking due care and caution in respect of the trust properties situated at Bhusaval. The trust was not having any funds as such and hence the question of maintaining and auditing the accounts, etc also did not arise in the past.”
"The scheme drawn up by the FPZAI contained the names of the five trustees all from outside Bhusaval. We appeared in the matter and objected to the scheme submitted… and that is where the dispute arose…
"Since we, the members of the Parsi residents, referred above, being very diligent, decided now to let the trust record be set at rest and updated by introducing the new trustees and also the scheme.
"There are in all 19 Zoroastrian Parsi family members who are residing at Bhusaval permanently, carrying on their business at Bhusaval and they and their predecessors… were also looking after the properties of the trust.” They also note that there are an additional 51 Parsi families who have properties in Bhusaval but reside elsewhere.
The 19 residents nominated Dr Nariman Kavina (president), Kerman Amroliwalla (vice president), Adil Kavina (secretary), Delna Kavina (treasurer), Yasmin Kavina (joint secretary) to serve as trustees.
In addition the trust has also nominated Panthaki and Pervez on the board.
The trustees note "all allegations and objections made by either party against each other are deemed to be unconditionally withdrawn as if never having been made.”
Accordingly Bacha and Nogamawala moved an application before the ACC noting that "as the Parsi natives from Bhusaval have shown their willingness to look after the welfare so also they are managing the trust nicely, we do not want to proceed with the application and voluntarily withdraw the same.”
Nothing in the paper submitted to Parsiana reflects any culpability on Katpitia’s part in regard to Bhusaval. The Dharwar papers are too scanty to make any assessment. But a background report prepared by Katpitia titled "Notes on defunct anjumans project (from 1971 to September 2014)” sent to Parsiana states, "there is not a single Parsi in Dharwar” and that anjuman matters are looked after by Ervad Hoshang and Jehangir Dalal of Belgaum. The duo sought Katpitia’s assistance when the municipality threatened to acquire the property. Efforts were then underway to find a buyer. Patil offered to buy the land and paid a deposit of Rs 70,00,000. Katpitia alleged that the Dalals subsequently tried to "create baseless allegations” but failed to find a buyer offering a better price.
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Those attending the zonal meet were: Brig (Retd) Jahangir Anklesaria and Kersi Daruwala from Ahmedabad; Sarosh Bhurana from Ankleshwar; Homi Pithawala, Daulat Mohta, Pervez Mehta, Maharukh Sanjana and Godrej Batliwala from Bardoli; Erick Kerawalla, M. A. Tadiwala, Sarosh Ginwalla and Kaiyomand Kerawalla from Bharuch; Marazban Baria, Noshir Badhni and Dhanjisha Avari from Bilimora; Vishtasp Katrak from Chikhli; Marazban Wadia from Davier; Sorab Katpitia, Jimmy Bacha and Ruzbeh Jungalwala from FPZAI (Defunct Anjumans Committee); Homji Suratia, Mahernosh Ichhaporia and Nevil Vasania from Gandevi; Pervez Khergamwalla from Khergam; Hoshi Bajina from Mahuva; Dara Gandhi,Yezdi Gandhi and Firoz Jokhi from Mandvi; Farokh Govadia from Nargol; Keshmira Bacha from Navsari; Sarosh Poonawala from Saronda; Dara Jokhi from Tavdi; Sam Chothia, Noshir Zaroliwala and Yazdi Laher from Valsad; Pesi Kasad and Darayas Mirza from Vansda; Homi Jokhi, Nevil Buhariwala and Percy Buhariwala from Vyara; Dara H. Patel, from anjuman/place not mentioned. The press was represented by Parsiana.