A messy affair
BPP trusteeship elections will be bitterly contested
Amongst the names that were being bandied about for the consensus panel were Udvada high priest Dastur Khurshed Dastoor, former BPP trustees Noshir Dadrawala and Muncherji Cama, chartered accountant Zarir Bhathena, industrialist and owner of Parsi Times, Kersi Randeria, equity and finance professional and Zoroastrian Youth for the Next Generation (ZYNG) promoter Viraf Mehta, publisher Maneck Davar and sitting BPP trustee Yazdi Desai. Dastoor was to be chairman with Desai not claiming the position on seniority. But a difference of opinion about a current trustee re-contesting reportedly thwarted the carefully constructed proposition. How many of the panel now want to contest a bitterly fought campaign is uncertain; Bhathena and Mehta are likely to stand and Desai has publicly announced his candidature. Others who are considering entering the fray are chartered accountant Xerxes Dastoor and caterer Tehmtan Dumasia.

BPP trustees Arnavaz Mistry, the top vote getter in the 2008 elections, is expected to re-contest while BPP trustee Khojeste Mistree is reportedly still contemplating whether to stand again. BPP trustee Jimmy Mistry has told people he does not intend to seek reelection. BPP trustee Armaity Tirandaz is reportedly not contemplating stepping down before the expiry of her term next year. She had successfully contested the seat left vacant by the sudden death of her husband, Rustom, in 2009. BPP chairman Dinshaw Mehta is not expected to stand as he has served 21 years and three terms, the limit specified by the Bombay High Court while accepting the amended BPP election scheme in 2007. But as court decisions are normally applied prospectively, Dinshaw may technically be able to file his papers for a fourth term, if not now then possibly when Tirandaz steps down next year. Determining whether he is eligible to stand would no doubt mean another costly, lengthy, legal battle.
Dinshaw is also legally challenging the resignation of Cama, stating that Cama had written to the board withdrawing his resignation but the majority of trustees (Arnavaz, Jimmy, Khojeste and Desai) passed a resolution on a handwritten scrap of lined paper accepting it. Dinshaw claims the motion was passed after he had terminated the meeting. The others allege that Dinshaw has no authority to end a meeting as and when he feels like. Unless Dinshaw moves the courts for a stay on Cama’s election and is granted one, the seat will be up for grabs.
The elections now appear to be a free for all with the main parties readying to fling mud at each other. There is no love lost between Dinshaw and the Desai quartet. Already Arnavaz, Jimmy, Mistree and Desai have filed criminal complaints against Dinshaw. Another attempt was made by the four to make the chairman step down this July when his 21 years in office were over. Consent terms however were signed in the Bombay High Court permitting Dinshaw to continue till October when his third term expires. The four trustees had earlier insisted Dinshaw give an understaking he will not seek election. Dinshaw refused. That demand was subsequently dropped.
The loathing for Dinshaw will spill over to his son Viraf as well. Aside from attacking his father’s alleged wrong doings and financial improprieties, one can expect a smear campaign with the circulation of photographs of inebriated youth at the ZYNG get-togethers and scantily clad models in the ZYNG calendars. The Mehta camp will hit back hard.
There is no love lost between Bhathena and Desai either. Desai, his World Alliance of Parsi Irani Zarthoshtis (WAPIZ) colleagues and others filed numerous, unsuccessful court cases to thwart Bhathena’s project of putting up Hilla Towers at Lalbaug. Bhathena has filed a criminal defamation case against WAPIZ for allegations made against him in the WAPIZ Page published in an English language daily. Bhathena is viewed as being Dinshaw’s electoral ally, another reason for WAPIZ to gun for him.
The election tempo is picking up. Full page advertisements on the front pages of the Jam-e-Jamshed and Parsi Times by johbawa.com offered to register community members as voters "free of cost.” Enrolling on the BPP voter register is a time consuming and bothersome experience. The advertisement lists the mobile numbers of 18 volunteers in the various colonies and elsewhere who "shall help obtain your BPP voter ID (identity card).”
"We wanted to get people’s attention,” explained Kayzad Kuka who has just completed his BCom degree and handles communications for the group of youngsters behind the initiative. Since the elections are round the corner, this appeared a good project to start with, explained Kuka. He stated the group was not aligned to any political faction and the funds for the advertisements and other expenses were raised from family and friends. But many of the volunteers are ZYNG members, an initiative largely led by Viraf.
Ninety lakh legal bill
The threatened strike by the Mumbai Mazdoor Sabha (MMS) did not materialize with a compromise being worked out a week before the 14-day deadline "due to persistence by Jimmy Mistry and Dinshaw,” noted a press note issued by MMS president Chandbibi Zaidi and general secretary Dhunji Naterwalla, dated July 29, 2015. "The other trustees seem to have realized that no fruitful purpose would be served by continuing with this stalemate and consequently a settlement which provides for interim relief of Rs 2,900 per month per workman has been reached between the Sabha and the BPP trust. This interim settlement has been made effective from January 1, 2015, that is the workmen shall be given the amount of interim relief with retrospective effect till a final settlement is signed with the new board of trustees…
"It has also been agreed that the new board of trustees shall endeavor to reach a final settlement on or before March 31, 2016 which shall be made effective from January 1, 2015. The interim relief provided herein shall be adjusted against the final settlement.”
Talks between the two parties had broken down over the quantum of increment to be given in each of the three years. In a press note dated July 24, Dinshaw explained the quartet’s proposed timetable: Rs 2,015 per month for the first year (2015), Rs 2,260 for the second year (2016), and Rs 2,482 for the third year (2017), a total of Rs 6,757 (US $ 105) for the three-year period.
The Union countered with Rs 4,000 per month for the first year, Rs 1,500 for the second year and Rs 1,500 for the third year, a total of Rs 7,000. "Unfortunately this proposal was also outright rejected by the majority of trustees without even discussing or considering it,” moaned Dinshaw. "After the Union left the same evening the board of trustees by majority sanctioned payment of Rs 90,00,000 (US $ 1,40,625) to counsel Percy Ghandy for his legal bills” for several cases. "Bills are yet to be received from other lawyers…
"We have defaulted on payment to mobeds for their incentive from October 2014 onwards, (also) the second and third child recipients are not being paid, education scholarships are being paid after one year, doles are delayed, medical aid drastically reduced and the list of defaults is endless,” Dinshaw remarked.
The MMS also inquired in a press note dated July 25 how the BPP could "justify the payment of Rs 90 lakhs being paid at one stroke to a lawyer, while grudging Rs 84 lakhs being paid to 221 employees in a year!”
Observing the infighting among the trustees that had resulted in the premier Bombay trust being close to bankruptcy, MMS leaders blamed the labor deadlock on "the obstinate nature of some of its (BPP’s) trustees.”
The new trustees will now have to negotiate a new contract and also pay arrears from January 2015 onwards, a figure that will run into crores of rupees.
