Chairing the chaos

The battle between the trustees unfolded once again this May both in the boardroom and court room, with Bombay Parsi Punchayet (BPP) chairman Dinshaw Mehta further tarnishing his image in one skirmish and emerging victorious in the other.

During the give and take that followed, a mention was made of the First Information Report (FIR) lodged against Mehta in the Dady House transaction where four trustees allege Mehta took money to facilitate a tenancy transfer. According to a circulating audio recording made of the heated exchange Mehta replied, "té bi joie lèsu (we’ll see to that also)." The words "évo chor (such a thief)" can be heard at this stage, presumably from Desai. Mehta retorts, "tu né taari bairi (Anahita) bév chor (you and your wife are both thieves)." When Desai replies, "tu né taaru khaandaan chor (you and your family are thieves)," Mehta rages, "é, khaandaan per naa jato (don’t mention my family). Samajyo (Understood)?" Desai retorts by asking Mehta not to include his wife in the diatribe. Mehta alleges Anahita took his money. "What proof have you got?" asks Yazdi. By this time tempers are lost and Mehta yells "F___ you, bas___." Mayhem breaks out with calls for calm and restraint. At some point during the verbal exchange, Mehta allegedly wanted to throw a glass of water at Yazdi but refrained and throws a pencil instead. What follows is disputed, with one camp saying that Mehta attempted to lift a chair to assault Desai but was restrained by BPP trustee Jimmy Mistry and two Hostel personnel. Desai reiterated to Parsiana over the phone the next day when the publication called to ascertain his narration of events that Mehta attempted to assault him. Dinshaw "is getting uncontrollable and physically dangerous…He is losing it."

Mehta told Parsiana over the phone on May 13 that he got up, lost his balance and to stop his fall, held on to a neighboring chair. "As you are aware, I have been suffering from a torn ligament in my left leg and (have) been limping since the last few days due to which I lost my balance (and) on tripping, clutched on to the chair to save my balance," he extrapolated in an email to Parsiana later that day. He claims there was "more slanging and swearing" than any physicality, aside from throwing the pencil at Yazdi.

"The argument was due to the fact that Yazdi was deliberately and without authority of the board of trustees trying to disconnect the light meter of Gamadia Boys Hostel by not paying overdue electricity bills for March and April 2015 because of his personal issues with Darji," a second email states. "You can ask all present there that Yazdi was making false allegations against members of our community. It was only when he abused my family that I lost my cool."

Mehta again alleged the Desais "borrowed money from me" which they refused to repay. "I have already filed a complaint with the police."

The scheme of things

After hearing both the advocates regarding the dates, time lag and formalities involved, Gupte asked if the matter could not be resolved amicably between the parties. He said he was not going into the matter of 21 years or three terms. He enquired whether the advertisements published without calling for nomination of potential candidates for trusteeship would harm Mehta. Desai’s lawyer Gaurav Joshi felt it would not while Mehta’s lawyer Mustafa Doctor replied that an issue of prestige was involved since it concerned the chairman of the trust. "It goes in the public domain," he stressed and as there was a dispute over the expiry of the term, people would be prejudiced if the notices were published. Doctor showed the judge the minutes of the meeting calling for the notice to be released and an email dated a day earlier asking for the matter to be taken up.

Gupte then decided to defer the matter to June 9, once the Court vacation was over, and the dispute could be heard and decided. With the work pressure on the courts and adjournments being given there is a possibility that Mehta will complete his term before the final hearing is held.

Code red?

The Code of Conduct (CoC) to be adopted for the forthcoming July/October elections has also fallen victim to the trustees’ bickering. Four trustees, Arnavaz, Jimmy, Mistree and Desai are prepared to accept the Code drafted by former BPP trustees and other eminent community members. But Mehta and co-trustees Armaity Tirandaz and Muncherji Cama state they have not been privy to a board discussion on the Code and have therefore refrained from accepting it for the present.

For the first time voting will be on Electronic Voting Machines as used in the general elections.

The voluntary CoC is to be signed "by all the candidates concerned who wish to uphold and abide by the recommendations." Only those candidates who sign the CoC will be permitted "to campaign in their (BPP’s) baugs and colonies."

Before holding meetings in the baugs the candidates will have to seek "prior permission of the BPP trustees and permission would be given on a ‘first come first served basis.’" No fire temple or the Doongerwadi complex or any other place of worship may be used for electioneering. House-to-house campaigning is permitted. All election campaigning must cease 48 hours before the election day.

No demonstrations, gheraos or picketing is permitted "before the homes or places of work of the candidates by anyone."

No incentives or inducements (including food boxes, lunches/dinners, gifts, etc) can be given to those attending the election meets, "at the venue or outside or sent to the residences/work places of the voters."

No candidate "will be permitted to spend more than Rs 3,00,000 for the election campaign." Candidates will have to maintain an account of the money spent.

"Posters, flags, symbols or any other propaganda material shall not be displayed in the polling precinct or polling station at any given venue." Voters will have to produce a "Voter’s ID certificate" in order to cast their vote. No transportation or food shall be arranged "directly or indirectly" for any voter who comes to vote.

"No sitting trustee or anyone else shall enter the polling precinct except when coming to cast his/her vote."

The BPP trustees will appoint a president and two scrutineers "as per the Court sanctioned scheme" to conduct elections and oversee the CoC.

"The president and two scrutineers shall have the power to investigate the issue of a breach of the CoC or any irregularity/illegality.

"The election management team will function independently and without any intervention from the BPP trustees or the administration."

Signatories to the CoC are former trustees Dinshaw Tamboly, Minoo Shroff, Dadi Engineer, Burjor Antia, Jamsheed Kanga, Maneck Engineer, Noshir Dadrawala and Homi Ranina; other signatories are Darius Khambata, Edul Bharucha, Dastur Khurshed Dastoor, Farrokh Kavarana, Homi Khusrokhan, Fali Sarkari, Cmde Aspi Marker (retd), Cmde Medioma Bhada (retd), Capt Percy Master, Sam Balsara, Maneck Davar, Adi Engineer, Binaifer Sahukar, Yazdi Tantra, Karl Tamboly and Sam Choksey.