High Court Relief for Bombay Parsi Panchayat

Date

March 18, 2009

Post by

arZan

It came as a major relief for the newly-elected trustees of the Bombay Parsee Punchayet (BPP) when Bombay High Court on Tuesday stayed an order passed by the charity commissioner, directing prosecution and removal of the trustees.

On March 9, charity commissioner NV Deshmukh had passed an order stating that he would initiate action against the current trustees of punchayet as they had failed to comply with his January 23 order directing allotment of flats to 104 needy Parsis. The final list of 104 applicants had been approved by the earlier trustees. The new trustees were elected in October 2008 after the first-ever universal adult franchise elections were held for the 350 year-old trust.

Five current trustees had moved HC challenging the commissioner’s order to allot flats. The trustees’ lawyers RA Dada and Percy Ghandhy argued that the commissioner did not have power to issue judicial orders to resolve dispute between parties.

The petitioners submitted that the list of 104 applicants approved by the earlier trustees could not be implemented as many of them were out of turn in the Merit Rating Scheme. They argued the allotments made by the erstwhile trustees were flawed and the present trustees were entitled to review the allotments.

The HC also suggested that a retired Supreme Court judge be appointed to resolve the dispute.

Original article here.

14 Comments

  1. Arzan J Ghadially

    The High court relief has come as a tight slap on the face of AZA,Jame – Jamshed and not forgetting the Joint Charity Commissioner.

  2. homi

    Arzan i am not sure about it being a point over someone. By the looks of it it seems that justice has truly prevailed.

    The torment the BPP has faced thanks to the cases filed by the AZA is unknown to any of us since we are never told about it and since the Jame will only print the other sides view.

    A great leader – Rustom Tirandaz – who was in charge of this case said that a few rotten apples were killing him and his community. This was just two weeks before his sad demise. I hope cognizance of these fact and judgements is taken by the relevant people who will simply stay away from the BPP and let these community elected Trustees work.

    Activists are there in plenty to take the Trustees to task if they play foul and do anything not in the interest of its beneficiaries, but, filing such cases agaisnt the BPP which only benefit a hand full and cause more harm to the community should be avoided. Peole have to realise the repurcussions of these sort of cases that are being uselessly filed.

  3. homi

    Arzan i am not sure about it being a point over someone. By the looks of it it seems that justice has truly prevailed.

    The torment the BPP has faced thanks to the cases filed by the AZA is unknown to any of us since we are never told about it and since the Jame will only print the other sides view.

    A great leader – Rustom Tirandaz – who was in charge of this case said that a few rotten apples were killing him and his community. This was just two weeks before his sad demise. I hope cognizance of these fact and judgements is taken by the relevant people who will simply stay away from the BPP and let these community elected Trustees work.

    Activists are there in plenty to take the Trustees to task if they play foul and do anything not in the interest of its beneficiaries, but, filing such cases agaisnt the BPP which only benefit a hand full and cause more harm to the community should be avoided. Peole have to realise the repurcussions of these sort of cases that are being uselessly filed.

  4. Rohinton Patel

    I am not trying to criticise the death, but since i am living in an democratic country i have every rights to critisise any person living or death if i think that the particular person has done something wrong for the country or for the community.
    Rustom Tirandaz was the most corrupted & also he was the most anti hindu person. I still cant forget his words which he said to an poor Hindu widow who had gone to ask for some help for her only daughter who was being withdrawn from the school as she did not have any money to pay for her only one daughter.Instead of helping her & being polite to her he started abusing her in all strongets foul words & it was from that i broke away from my own community as i came to know that the trustees instead of helping the poor people irespective of being an parsee or an hindu this same people comes begging to us for the votes & then after becoming Trustees this same batch of shameful people try to fill up their own & their families coffers leaveing the poor to fend for themselves.
    I am a strong opponents of thye same Religion in which i took birth as i had seen many Respectable Gentlemen from Parsee community saying one lies after another in order to get the flats which are being built for the poor Parsees who cant afford to buy a flat for themselves or for their dear ones.
    Parsees are only to be blamed for the present rot as the rich people comes on the board of trustees not to do any good for the poor & downtroden but to fill up their own coffers & their families coffers.
    I see the day which is very nearing the end of the “ONCE UPON A TIME THE MOST AFFLUENT & THE MOST ADVANCED CASTE CALLED THE PARSEES”.
    iT IS GOING TO HAPPEN SOON.
    Ronnie Patel.

  5. Arzan J Ghadially

    Dear Rohinton,
    In a democracy one can be anti anyone and that is no excuse for you to break away from from your own community.Every community is full of corrupt people and people dont break away from their religion.You severe ties with the person and not the community and religion. Sorry your write up makes no sense.If you come across a rotten apple in a batch of apples you throw away the rotten apple and not the whole parcel.Sorry i dont agree with your views.Take a second opinion.

  6. phiroz

    To an extent, I am inclined to concur with the vies of Rohinton. A Parsee never helps another Parsee, rather they take delight
    in running down their co- religionist to appear ‘judicious’ in the eyes of others. In this regard our Sethias have a lot to learn from Tamilians who will protect even a wrong doer unlike our Bawas. I am writing this from my over 3 decades of experience in a once Parsi Bank.
    As for Trustees, like in general elections, we should insist on Asset liabilities being disclosed by candidates. Trusteeship of any Charitable organisation is treated as personal fiefdom and that is true of BPP as well. For were it not so, why candidates should have spent lavishly on food and drinks during meetings. It is ‘investment’ meant to yield fruits in 7 year tenure.

  7. Rohinton Patel

    I am not trying to criticise the death, but since i am living in an democratic country i have every rights to critisise any person living or death if i think that the particular person has done something wrong for the country or for the community.
    Rustom Tirandaz was the most corrupted & also he was the most anti hindu person. I still cant forget his words which he said to an poor Hindu widow who had gone to ask for some help for her only daughter who was being withdrawn from the school as she did not have any money to pay for her only one daughter.Instead of helping her & being polite to her he started abusing her in all strongets foul words & it was from that i broke away from my own community as i came to know that the trustees instead of helping the poor people irespective of being an parsee or an hindu this same people comes begging to us for the votes & then after becoming Trustees this same batch of shameful people try to fill up their own & their families coffers leaveing the poor to fend for themselves.
    I am a strong opponents of thye same Religion in which i took birth as i had seen many Respectable Gentlemen from Parsee community saying one lies after another in order to get the flats which are being built for the poor Parsees who cant afford to buy a flat for themselves or for their dear ones.
    Parsees are only to be blamed for the present rot as the rich people comes on the board of trustees not to do any good for the poor & downtroden but to fill up their own coffers & their families coffers.
    I see the day which is very nearing the end of the “ONCE UPON A TIME THE MOST AFFLUENT & THE MOST ADVANCED CASTE CALLED THE PARSEES”.
    iT IS GOING TO HAPPEN SOON.
    Ronnie Patel.

  8. Arzan J Ghadially

    Dear Rohinton,
    In a democracy one can be anti anyone and that is no excuse for you to break away from from your own community.Every community is full of corrupt people and people dont break away from their religion.You severe ties with the person and not the community and religion. Sorry your write up makes no sense.If you come across a rotten apple in a batch of apples you throw away the rotten apple and not the whole parcel.Sorry i dont agree with your views.Take a second opinion.

  9. phiroz

    To an extent, I am inclined to concur with the vies of Rohinton. A Parsee never helps another Parsee, rather they take delight
    in running down their co- religionist to appear ‘judicious’ in the eyes of others. In this regard our Sethias have a lot to learn from Tamilians who will protect even a wrong doer unlike our Bawas. I am writing this from my over 3 decades of experience in a once Parsi Bank.
    As for Trustees, like in general elections, we should insist on Asset liabilities being disclosed by candidates. Trusteeship of any Charitable organisation is treated as personal fiefdom and that is true of BPP as well. For were it not so, why candidates should have spent lavishly on food and drinks during meetings. It is ‘investment’ meant to yield fruits in 7 year tenure.

  10. piloo

    Has any body given a thought that BPP election for one vacant seat will coincide with Parliamentary elections. If BPP insists on putting indelible ink on voter’s finger how will that Parsee voter convince Booth Officer in Parliamentary election that the indelible ink mark is of community election.By casting vote in BPP Election, a voter should not become ineligible for voting in the Parliamentary election because of indelible ink mark.

  11. piloo

    Has any body given a thought that BPP election for one vacant seat will coincide with Parliamentary elections. If BPP insists on putting indelible ink on voter’s finger how will that Parsee voter convince Booth Officer in Parliamentary election that the indelible ink mark is of community election.By casting vote in BPP Election, a voter should not become ineligible for voting in the Parliamentary election because of indelible ink mark.

  12. Kurosh

    I am Jal 23 from Iran, and to be honest Parsis are being careless about the religion. All they do argue about small issues and forgetting the main duty of every Zarthushti. Prophet Zarathosht came to save humanity. And Parsis fled to India to save the religion, not to destroy it after 14 centuris. Parsis have contirbuted so much to India, and have got nothing in back. This is not right, it is totally wrong to destroy the religion and not to do anything about it. muslims came to India and looted the whole country, and they have got Pakistan. But peaceful Parsis have done so much great and nothing in back. At least now we can demand some autonomy from Indian government and start accepting Iranians, Persians into religion and grow at our best. Parsis are very capable people. But all these intelligence is useless if we dont take the right actions, and argue all the times. Please brother lets unite and change the minds of conservative Parsi mobeds. We can achieve many great things

  13. Arzan J Ghadially

    The High court relief has come as a tight slap on the face of AZA,Jame – Jamshed and not forgetting the Joint Charity Commissioner.

  14. Kurosh

    I am Jal 23 from Iran, and to be honest Parsis are being careless about the religion. All they do argue about small issues and forgetting the main duty of every Zarthushti. Prophet Zarathosht came to save humanity. And Parsis fled to India to save the religion, not to destroy it after 14 centuris. Parsis have contirbuted so much to India, and have got nothing in back. This is not right, it is totally wrong to destroy the religion and not to do anything about it. muslims came to India and looted the whole country, and they have got Pakistan. But peaceful Parsis have done so much great and nothing in back. At least now we can demand some autonomy from Indian government and start accepting Iranians, Persians into religion and grow at our best. Parsis are very capable people. But all these intelligence is useless if we dont take the right actions, and argue all the times. Please brother lets unite and change the minds of conservative Parsi mobeds. We can achieve many great things