Allegations and denials

Just when one thought the unpleasantness of the election campaign for trusteeship of the Bombay Parsi Punchayet (BPP) had subsided, two losing candidates have made allegations of financial impropriety and electoral malpractices. World Alliance of Parsi Irani Zarthoshtis chief executive officer (CEO) and noted social worker Anahita Desai, who lost by a margin of 89 votes to chartered accountant Ervad Xerxes Dastur, alleged in an email dated July 16, 2018 to the chairman of the BPP Yazdi Desai (her husband), and his co-trustees that Dastur "has distributed cash directly and indirectly to weaker sections of our community in exchange of them voting for him” and that "he has violated the election code of conduct which he had signed.” Dastur categorically denied all the allegations.

From left: Ervad Xerxes Dastur, Anahita Desai, Ratan Patel: charges and rebuttals

In the meanwhile, Ratan Patel, who secured 109 votes of the 6,108 cast in the July 1 elections, alleged that Anahita has "spent monies far in excess of what is permitted under the voluntary code of conduct.” In an email to the trustees, Patel stated that Anahita, through her supporter (and Federation of the Parsi Zoroastrian Anjumans of India West Zone B vice president) Sam Chothia of Valsad, paid money to voters in Valsad, Surat and Navsari to vote for her. He charged that Anahita had "chartered several buses to ferry the electorate from the said towns to Bombay on election day.” These expenses were not included in Anahita’s campaign expenses as submitted to the election president Mahiyar Dastoor, he alleged. In response to Parsiana’s request for a comment, Anahita stated that "Patel’s allegations against me are absolutely and completely untrue. Each and every one of them. They are simply a counterblast to my allegations of electoral malpractices and violation of the code of conduct by Dastur, which I will prove in black and white. I have abided by the code of conduct.”
Anahita’s email alleging malpractice is dated July 16 while Patel’s is dated July 17. A 14-day window is provided by Clause 21 (C) (xix) of the BPP election scheme to register any complaint regarding the election. The clause states that "no objection shall have any validity nor be entertained unless the grounds of such objection shall be stated in writing together with a statement of particulars on which such objection is based and such writing shall have been lodged at the office of the trustees not later than 14 days from the date on which the result of such election is published by display upon the notice board.” The date the notice was put up is not known. A WhatsApp message sent to BPP CEO Cawas Panthaki on July 25 received no response.
Anahita said she "will be filing an application in the appropriate court/forum for cancelling his election.” She requested the trustees "not to allow Dastur to participate in the board proceedings.” Dastur has already attended two meetings so far.
Further, in an email dated July 24 to BPP trustees Zarir Bhathena, Noshir Dadrawala and Kersi Randeria, she has requested for a hearing regarding her objection to Dastur’s election. According to her, trustees Armaity Tirandaz and Viraf Mehta "will perforce have to recuse themselves from the hearing,” since they were "strongly aligned” with Dastur, as should Yazdi "having supported my candidature.”
Noshir Dadrawala, in an email dated July 16 addressed to Anahita, noted, "You state that he (Dastur) has violated the election code of conduct which he has signed but you have not explained in what manner. I would not encourage you to file any application in the appropriate court/forum for cancelling his election. It would be a futile exercise and ruin your reputation forever.” To which Anahita replied, "While you have made your decision known, I leave it to the other trustees to decide on my request not to allow Dastur to participate in the board proceedings. And since the BPP board is not the adjudicating authority, providing any evidence of my complaint is not necessary.”
Clause 21 (C) (xx) of the BPP election scheme states that the "trustees shall have full power and authority to determine the same (the objection) in such manner as they deem just and right… and their decision shall be final and binding on all persons concerned.” If the board after investigating the complaint rules no violations have been committed, the aggrieved party may move the court.
Writing in the July 22 Metro Junction weekly from the Bombay Samachar stable, ex BPP chairman Dinshaw Mehta noted that when Yazdi contested unsuccessfully against Dinshaw Tamboly for trusteeship in 2003, Yazdi had then objected, alleging corrupt practices. He claimed that the Jam-e-Jamshed weekly had not given him adequate coverage due to "large funds” given to its then editor Rusi Dhondy by Tamboly; that baug associations were not allowing him to hold his election meetings. "Since the appeal had no merit, the same was dismissed without much ado,” Mehta commented. Yazdi did not appeal the decision before the courts of law.
Tirandaz, Bhathena, Randeria and Viraf have not publicly commented on the issue to date.