NOSHIR DADRAWALA DOES NOT DISCLOSE THE FULL TRUTH
In yesterday’s Parsi Times of 23rd October 2021, Noshir Dadrawala in his full page article titled ‘Right is Might’ tries to justify his illegal blackmailing tactics to achieve his goal of first Elections and then amendments to the Election Scheme.
The community is attempted to be brainwashed that in January 2021 after Armaity Tirandaz declared elections for two vacancies to be held on 14th March 2021, the new majority Trustees decided to postpone elections to continue their majority.
Nothing could be further from the Truth. In January 2021, Noshir Dadrawala suggested having two Consensual candidates from the two sides—Berjis Desai and Anahita Desai, to avoid the acrimony of a bitter election campaign. This was acceptable to both sides. Hence the equation of Majority would have remained the same. And therefore to allege otherwise is a contradiction of the plain truth.
However the unforeseen Covid Pandemic victims started to rise since February 2021 increasing every passing day compelling the Trustees who were concerned about the safety of its majority Senior Citizens passed a Resolution to postpone the elections and accordingly moved the High Court on 9th March 2021 seeking postponement if the Court agreed.
This application was vehemently opposed by Noshir Dadrawala (ND) and Kersi Randeria (KR) as also by Trustee aspirant since decades Anahita Desai in the High Court but their say was rejected and the High Court held in favor of Armaity Tirandaz and her majority Trustees.
Thus it was the High Court and not the majority Trustees who postponed the 14th March 21 elections. All the above facts are conveniently not informed to the community for obvious reasons.
It is important to point out here that ND and KR wanted Berjis Desai to also oppose the postponement just as Anahita Desai had blindly done. However Berjis was not in favor of opposing it and in fact was in favor of the postponement. But all three of them were very upset with his refusal and openly branded him that you will always support Dinshaw Mehta and then started to browbeat him with KR even threatening that he will ensure that Berjis cannot be elected ever. Berjis being a man of principle was NOT ready to take this threats lightly and hence decided to withdraw from the field rather than face KR’s threats and decided that even in future as long as KR is a Trustee of BPP, he will never contest Trustee’s elections.
This was a big blow to the community who would have been blessed with a Trustee of the competence, intelligence, knowledge, influence, caliber, integrity and transparency like Berjis Desai. The loss is of the community. No wonder ND was so keen to get Berjis as a Consensus candidate.
Coming back to the High Court order postponing the March 21 elections, Both ND and KR immediately moved the Division Bench of His Honor Judge S. Kathawalla and another in the High Court in appeal even without the Order of the Chamber Judge to oppose the postponement and praying to allow elections to be held on 14th March 21.
Once again the Division Bench of the High Court rejected their Appeal and by Consent, it was agreed that elections would be held on 23rd May 21 and the Division Bench directed all the Trustees to move the Chamber Judge for elections on this date.
Thus it was the Division Bench of the High Court who confirmed the postponement and not the majority Trustees led by Armaity Tirandaz. All these facts are also not conveniently informed to the community for obvious reasons.
When all the Trustees unanimously moved the Chamber Judge to confirm the election date of 23rd May 2021, Covid Pandemic was raging in full force and the Chamber Judge opined not to accept the Division bench Order of Election on 23rd May 21 and advised to come later once the pandemic retreated.
Thus it was the Chamber Judge who was not ready to obey the date of elections of 23rd May 21 as decided by Consent of both sides and approved by the Division Bench and kept it open to approach him again once the pandemic improves and the trustees are not responsible for not holding the elections on 23rd May 21.
In July 21, due to reduction in Covid deaths and easing of Covid cases, Armaity Tirandaz wanted to move Court for fixing a new date. However before that could be done Govt. and BMC issued fresh SOPs dated 2nd August 21 whereby placing restrictions on all elections, electioneering, holding meetings, rallies and gatherings.
Thus once again the elections could not be held due to Govt. SOPs.
These SOPs are valid and binding even today and hence the question of announcing any date of election could not arise as it would tantamount to Contempt of Govt. guidelines.
When ND started demanding immediate declaration of date of elections for two seats, Armaity Tirandaz wrote to Asstt. Commissioner of BMC by her mail dated 18th October inquiring whether
“Do the prevalent SOPs as on date permit the holding of Elections in Mumbai” to which she received reply from the Asstt. Commissioner on 20th October21
“Please follow the attached circular with all latest Guidelines of State Govt. and MCGM.”
The attached Circular was the same SOP of 2nd August 21 placing restrictions on elections and electioneering as stated above.
Many community members were upset at this succumbing to the Blackmail antics of ND as it would set a bad precedent for the future.
However the compassion and care exhibited by Armaity Tirandaz and her colleagues towards their colleague ND in case his health deteriorated was what motivated them to find a settlement. Xerxes Dastur was already fed up with disastrous financial situation of the BPP thanks to KR’s policies and the fact that the Board was not being able to function smoothly by constant interference by KR. He was further disturbed by the hunger fast of ND and hence was desperate to find a solution. He was very concerned for ND’s health and he suggested that all seven seats be put up for Elections to put an end to this drama of Hunger Fast..
ND talks of Trustees not obeying High Court Orders but is he not guilty of the same charge. We would like to remind ND that the Consent Terms filed and signed by all seven Trustees in 2017 when Armaity and Viraf were treated like Lepers and Untouchables by the Defacto Chairman KR as well as ND, lays down that Majority decision is binding on all Trustees and has to be obeyed with a right to Dissent if he does not agree or it is illegal in which case the Dissenting Trustee has to move Court to have the decision changed. Thus it was expected of ND and KR to move the Courts to overturn the decision but since they do not have the same access to free Community Charity funds they earlier had which was misused to a large scale, they now resorted to Hunger Strike knowing full well that the Trustees would wilt and give in to their blackmailing tactics and they were right as all three did not want their colleagues health to be jeopardized by this Hunger strike even if illegal.
We only hope that KR does not spoil it by making more demands than originally agreed upon. All Trustees will continue to function as hitherto under the old scheme of elections. And only after the new Trustees are elected under the new amended Scheme, they will take office on 29th March 22.
It is important that Trustees will immediately file Petition to amend the Scheme of Elections. The Trustees should not have any faith on KR as he is not an Honorable man and cannot be trusted as proved by his interview of 14th November 2015 published in Parsi Times and then doing nothing for the next five years to amend the Scheme as pointed out by Phiroze Amroliwalla in this very issue.
Elections should not be held under the Old Scheme of Elections under any circumstances and has to be conducted only under the new Amended Scheme of Elections and till such time as the Scheme is amended, no Elections should be held. It cannot have any binding effect irrespective of what Berjis Desai advises unless the Court upholds his view by an Order first obtained from the High Court before holding elections to make it applicable even after the elections are conducted otherwise there is no sanctity to the advise of Berjis Desai.
