BPP election appeal

Bombay High Court Justices Sharukh Kathawalla and Milind Jadhav are scheduled to hear an appeal on December 20, 2021 regarding holding of the Bombay Parsi Punchayet (BPP) trusteeship elections for all seven seats on March 27, 2022.
Though all the five present trustees Armaity Tirandaz, Noshir Dadrawala, Kersi Randeria, Viraf Mehta and Xerxes Dastur had approved of the election date and had agreed to demit office once a new board was elected, Mehta subsequently decided to make the consent conditional.
Petitioners BPP trustee Kersi Randeria and Noshir Dadrawala have alleged "After signing… respondent No. 2 (Mehta) is making attempts to back track and contends that first the petition to amend the scheme should be filed. The amendment of the scheme would take months. The entire ploy being that elections don’t take place on March 27, 2022.”
Mehta, Tirandaz and Dastur hold a majority on the present five-member board.
As Justice A. K. Menon stated while refusing to accept the consent terms on December 6, "Respondent No. 2 has made his consent conditional upon amendment of the scheme of holding elections supposed to be held in March 2022. It is not possible to accept consent terms that are conditional. The order if passed on the consent terms in the present form may not be enforceable. In the present case, it is only respondent No. 2 who has sought to make his consent conditional. Effectively, therefore, I am of the view that there is no consent between the parties which can lead to an operative and enforceable order in this interim application.”
The consent terms required elections to be held on March 27, 2022 for all seven seats, the present five trustees resigning once the new board is elected and a trustee’s term being shortened from seven to five years with a 10-year limit for the time a trustee can serve in office.
Photo: A. Savin / Wikicommons