This is in reference to the letter "An unethical swap” (Readers’ Forum, Parsiana, March 21-April 6, 2024). It appears that the writer’s grievance is with Armaity Tirandaz’s wish to step down as chairwoman of the Bombay Parsi Punchayet (BPP) whilst completely ignoring the fact that all the remaining trustees unanimously accepted both her request and elected another person.
The morality and ethics of her desire to step down as chairwoman are being questioned while remaining completely silent about all the other trustees who acceded to the request. I question the rationale behind such a view. If someone is to be blamed for lack of ethics, who should it be — the person making an allegedly "immoral” request, or the persons accepting it?
After the change in chairperson, there was also the issue of whether the trustees could attend meetings over video conferencing where some trustees objected and insisted on only physical meetings. This difference of opinion was referred to Justice Shahrukh Kathawalla (retd) for his opinion which he gave on January 31, 2024.
ZORU BHATHENA
zoru@hotmail.com
The editors note:
Kathawalla opined, "It must be kept in mind that the said scheme was framed at a time when video conferencing was neither very common nor easily accessible. However, post Covid, with new technology becoming available, video conferencing has become a viable alternative to physical meetings. Needless to state, interpretation of the scheme must be made contextually, keeping in mind the rapid changes in technology and the demands of modernizing the operations of the trust without compromising on the fundamental requirements of the scheme…
"To my mind, the wordings of clause 17.5 (of the BPP election scheme) provide sufficient flexibility to permit participation by a trustee through video conferencing. As such, I see no bar in the scheme so as to prevent a trustee, who is unable to attend a meeting on account of a medical issue concerning himself/herself or his/her family member/s, from attending the meeting through video conferencing…
"In so far as the requirement for a quorum is concerned, once we take a view that it is permissible for a trustee to join a meeting virtually through video conferencing, it must follow that such trustee is deemed to be ‘present’ in the meeting for purposes of formation of the prescribed quorum.”