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Fresh elections are to be held for seven Poona Parsee Panchayat (PPP) trusteeship seats under the watchful eye of an officer of the Deputy Charity Commissioner (DCC) Poona. Six of the seven posts have been lying vacant since November 2022 onwards, bringing the activities of the PPP to a halt, barring routine administrative matters. One trustee, vice president Yezdi Motiwalla did not resign but states he would "stand for election” to let voters decide if they want him in the board.
The DCC Rahul Mamoo in his order dated May 22, 2023 emphasized the importance of "conducting a fair and transparent election, ensuring equal opportunities for all eligible candidates and safeguarding the interests of the trust and its members. The authority will reserve the right to issue further orders as deemed necessary during the course of the process, taking into account the principles of justice and equity.”
The DCC was responding to an application filed by two members of the PPP, Coover Mehta (88) and Eruch Irani (66), seeking fresh elections being held "as per law and constitution of the trust.”
On March 13, 2022 seven trustees had been elected to the PPP board. They were Tehmasp Bharucha (president), Bakhtiar Narielwala, Kaizad Bhaya, Sarosh Mistry, Yezdi Motiwalla (vice president), Rohinton Bharda and Nauzer Batliwalla. Bharucha resigned on November 28, 2022 citing ill health. Bhaya and Batliwalla also submitted their resignations. The next board meeting was held on January 6, 2023 where Bharucha’s resignation was accepted but not the other two. Those present voted to dissolve the board. Motiwalla did not resign and opposed the dissolution.

 

 

 

 

 

 

 

 

 

 

 

An email dated May 12 sent by Parsiana to the PPP trustees inquiring what led them to resign and why they decided to dissolve the board received only one response, that of Motiwalla. He stated that he had "neither resigned nor agreed to the dissolution of the board of trustees. My dissent is on the records of the trust.”
When contacted by telephone, four of the five erstwhile trustees declined to comment saying the matter was sub judice, while one of the trustees instructed the Panchayat office not to pass on his contact number. Members of the PPP who have been left in the dark by the trustees’ refusal to shed any light on the matter have surmised that differences of opinion on Panchayat matters and the inevitable personality clashes have led to the current impasse. Motiwalla had led a unilateral social media campaign against Dorabjee and Company, a reputed departmental store which occupied the Ghaswalla Bungalow property owned by the PPP, reportedly using it as a godown (see "Motiwalla’s mission,” Parsiana, September 7-20, 2022).
Applicants Mehta and Irani, as members of the trust, submitted that as there was no authorized board, the administration of the trust has collapsed and they had the right to file the present application. The only remaining trustee, Motiwalla, they contended, would not be able to hold the trust elections in his sole capacity. Thus it had become necessary to appoint an election officer to conduct a fair election for the trust.
The applicants further submitted their concerns that Motiwalla may "grab the whole administration of the trust” or "may try to induct members who are in his favor and appoint them as members of the board of trustees.” Motiwalla denied the allegations made by the applicants and instead claimed that they had been making "vile and untenable allegations” against him. Motiwalla had lodged a complaint with the Joint Charity Commissioner (JCC) regarding the arbitrary dissolution of the board of trustees, his dissent to it, and other grievances. The commissioner has ordered an inquiry into the complaint.
The two applicants also alleged that former PPP chairman Homi Kaikobad had been "continuously doing activities against the interest of the trust” and "needs to be stopped from contesting the election.” Kaikobad denied all the allegations made against him and requested that the application be rejected.
In conclusion the DCC stated: "After carefully considering the arguments and evidence presented by all parties, the authority makes the findings and decisions. The authority has the jurisdiction to appoint an election officer to ensure a fair and transparent election process. The dissolution of the board of trustees, except for one member, creates a vacancy that needs to be addressed through the election process. (Motiwalla’s) objections to the dissolution of the board and the appointment of an election officer need to be rejected. The authority finds no merit in the allegations of manipulation at this juncture and upholds the necessity of a neutral election officer.”
Parsiana sent a WhatsApp message to Motiwalla on June 8 inquiring "Does your trusteeship stand or will you also have to seek reelection?” To which Motiwalla replied half an hour later, "The (DCC)  order is not very clear.” Would he be seeking clarification? "No” he replied, "I will stand for election... it’s now up to the humdins to decide whether they want a person like me who will safeguard our ancestral properties.”
Kaikobad’s participation in the election was allowed, provided that the necessary eligibility criteria are met as per the trust’s governing documents and applicable laws. "The concerns raised by the applicants regarding (Kaikobad’s) alleged misconduct shall be addressed by monitoring their actions during the election process or separate inquiry as contemplated by law.”
The order stated that an election officer, i.e. concerned inspector from the DCC’s office would "oversee and conduct the election process… as per the trust’s governing documents and applicable laws and report.”