Tata Trusts question Mehli Mistry's locus standi for raising objections

Two nonprofits under Tata Trusts on Thursday questioned Mehli Mistrys locus standi to raise concerns about their operationsSir Dorabji Tata Trust SDTT and Bai Hirabai Jamestji Tata Navsari Charitable Institution have told the Charity Commissioners office that the tenure of Mistry a close confidante of the late Ratan Tata ended on October 28 last year and he had no locus standi in raising questions on the conduct of the trusts laterMistry reportedly approached the Charity Commissioner alleging governance lapses conflicts of interest at the two trusts and questioning their decisionmakingIn separate affidavits filed before the Charity Commissioners office the two trusts said Mistrys term was fixed at three years and argued that he could not use his former trusteeship to challenge their administration and governanceThe charity commissioners office has been asked to first decide the trusts objections on maintainability and jurisdiction before examining the merits of Mistrys objections or ordering any inquirySDTT said SDTT Sir Ratan Tata Trust SRTT and Bai Hirabai are three separate public charitable trusts with distinct governing instruments boards properties and accounts hence Mistrys plea for a single proceeding should not be admittedIn its affidavit Bai Hirabai has disputed Mistrys interpretation of Clauses 6 and 18 of its Trust Deed which concern eligibility for trusteeship based on religion and residence It has argued that these restrictions conflict with the original Will and Codicil governing the Trust and should not be given effectMistrys side has been given time till November 5 to file a reply to the affidavitsIn another development Bai Hirabai has filed a substitution application to name Noel Tata as the reporting trustee in the matter related to Mistrys complaints on the trusts affairs following the cessation of Vijay Singh as Trustee earlier this yearMistry filed a submission on Thursday asking Bai Hirabai to file an affidavit stating Noel Tata meets the eligibility criteriaIt is submitted that the Deputy Charity Commissioner shall ensure that the Reporting Trustee Noel proposed to be substituted by way of the present application shall be a qualified Trustee as contemplated in Clauses 6 and 18 of the Trust Deed dated 07121923 which inter alia states that Trustee shall be a Parsi professing Zoroastrian religion Mistry said in his submissionMistry claimed Bai Hirabai board has trustees who are ineligible for appointment since they do not fulfil the criteria set forth in the trust deed which states that the trustee should be a permanent resident of Mumbai or Navsari and belong to the Zoroastrian Parsi faithMeanwhile in a separate hearing the SRTT also told the charity commissioner about the challenges it faces because the offices May 15 order bars it from holding any meetingsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever