The Bai Hira Bai Trust, a key constituent of the Tata Trusts, is currently navigating a significant legal challenge regarding its governance, according to people in the know. Venu Srinivasan, a prominent figure in Indian industry, has resigned his position as trustee following an affidavit filed by Mehli Mistry that questions the legal standing of several board appointments.
The Legal Challenge
The dispute surfaced after Mehli Mistry was removed from the trust, a move supported by a vote involving Srinivasan.
In a detailed response filed with the Charity Commissioner, Mistry challenged his removal by questioning the eligibility of those who voted. His argument is rooted in the "irrevocable qualifications" set forth in the Trust Deed dated Dec. 7, 1923.
The affidavit highlights a "de jure disability," claiming that trustees including Venu Srinivasan and Vijay Singh were ineligible to serve from the time of their appointment.
The 'Zoroastrian' Mandate
The core of the legal objection rests on two specific clauses from the 103-year-old document:
- Clause 6: Explicitly mandates that "all of the Trustees shall be Zoroastrians."
- Clause 18: Stipulates that no person who is not of the Zoroastrian faith or who is not a permanent resident of the Bombay Presidency or Navsari shall be qualified to act as a trustee.
Mistry's affidavit contends that since Srinivasan and Singh do not meet these criteria, their appointments are "void ab initio"-legally non-existent from the outset. Consequently, he argues that any actions taken by them, including the vote for his removal, are "null and void."
Impact on Governance
The filing characterises the appointment of non-qualified individuals as "maladministration" and a contravention of the Trust's express provisions. It further alleges that these appointments constitute a "blatant violation" of the Trust Deed.
Following the formal highlighting of these eligibility requirements, Venu Srinivasan has resigned from the board. This development underscores the enduring authority of founding documents in legacy institutions, where original mandates on faith and residency continue to define the parameters of leadership within the Tata philanthropic ecosystem.
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