Mehli Mistry challenges eligibility of 2 trustees
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Mehli Mistry challenges eligibility of 2 trustees

MUMBAI: Months after his exit, former Sir Ratan Tata Trust (SRTT) trustee Mehli Mistry has challenged the positions of Venu Srinivasan and Vijay Singh on the board of the Bai Hirabai Jamsetji Tata Navsari Charitable Institution, arguing they are ineligible under the 1923 deed, which bars non-Zoroastrians and non-Mumbai residents, and has called for an official enquiry.The Bai Hirabai Institution is an associate trust of SRTT, a major shareholder in Tata Sons, which runs the $180 billion Tata conglomerate. It was established under the will of Sir Ratanji Tata, the second son of Tata Group founder Jamsetji Tata, who bequeathed properties in Navsari, Gujaratโ€”the Tata familyโ€™s ancestral homeโ€”to the institution. The real estate was intended for the Parsi communityโ€™s use, serving as a recreation ground, nursing home, or hospital.In his objection application filed with the Maharashtra charity commissioner on Friday, Mistry said that given the alleged โ€œillegalitiesโ€ in the institutionโ€™s governance, an administrator should be appointed to replace the current board of trustees, which includes Noel Tata, Jimmy Tata, Jehangir Jehangir, and Darius Khambata. His trusteeship at the institution was not renewed last year following a vote by Noel, Srinivasan, and Singh against it. All six of these individuals also serve on the board of SRTT, where his term was likewise not extended. Mistry cited clauses 6 and 18 of the 1923 deed, saying: โ€œNo person who is not of Zoroastrian faith shall be appointed as a trustee, and if any trustee ceases to profess the Zoroastrian faith, he shall cease to be a trustee, as if he were โ€˜deadโ€™. Similarly, any person who ceases to be a permanent resident of the Bombay Presidency shall also cease to be a trustee.โ€He contended that Srinivasan, chairman emeritus of TVS Motor, and Singh, a former defence secretary, have โ€œnever been, and cannot be, of Parsi Zoroastrian faithโ€ and do not have any permanent residence in Mumbai. Both never met the two clauses and are โ€œexpressly disqualified from acting as trustees.โ€Mistry, a Parsi Zoroastrian with a permanent residence in Mumbai, said all trustees should submit affidavits confirming they meet the qualifications under clauses 6 and 18, ensuring strict compliance with the trust deed. He urged the commissioner to โ€œinitiate a detailed inquiryโ€ฆby calling for an affidavit from each applicant.โ€Mistry asserted that Srinivasan and Singhโ€™s appointments are void from inception, and any actions they took as trustees including their votes against his trusteeship extension are non est in law and without authority. His Friday objection follows the Bai Hirabai Institutionโ€™s submission of a change report to the commissioner, reflecting the revised board composition after his trusteeship extension was rejected. Mistry said his tenure was not renewed โ€œwithout assigning any reasonโ€ and argued that the change report is not maintainable, as it is contrary to the trust deed.According to him, if the unqualified trustees are excluded, the total number of trustees would fall below the minimum of five required under the trust deed. He further submitted that โ€œno meetings have been conductedโ€ at the Bai Hirabai Institution โ€œover the past two years, with no regard for the consequences for the beneficiaries of the trust or its legacy of public and charitable works.โ€ He asked the commissioner to call for minutes of all meetings held during this period and to inspect all records.Mistry clarified that his objective is solely to expose the alleged illegal functioning of the institution and is not aimed at seeking his reinstatement. Mistry said his move is motivated by a commitment to uphold the principles of Sir Ratanji Tataโ€™s will, honour the legacy of predecessors, and safeguard the institutionโ€™s charitable mandate entrusted to him by former chairman Ratan Tata for the welfare of the Parsi community. Noel and Srinivasan did not respond to an emailed query, while Singh declined to comment.

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