Kerala HC restrains Waqf Board from taking major decisions due to absence of non-Muslim members
The Kerala High Court has temporarily halted major decisions by the State Waqf Board due to concerns it wasn't properly constituted, lacking necessary non-Muslim and Shia members, as challenged in public interest litigations.
The Kerala High Court has temporarily halted major decisions by the State Waqf Board due to concerns it wasn't properly constituted, lacking necessary non-Muslim and Shia members, as challenged in public interest litigations.
The Kerala High Court has temporarily halted major decisions by the State Waqf Board due to concerns it wasn't properly constituted, lacking necessary non-Muslim and Shia members, as challenged in public interest litigations.
Kochi: The Kerala High Court on Wednesday restrained the State Waqf Board from taking any major decisions until the controversy over its composition is resolved.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M prima facie observed that the Board was not constituted in accordance with Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended in 2025, due to the absence of two non-Muslim members and a representative from the Shia community.
The interim order came while hearing four public interest litigations (PILs) challenging the constitution of the Board.
The court also directed the State government to ensure that its nominee to the Board, who serves as an ex officio member, is appointed in accordance with the provisions of the Act. Until the issue is resolved, the Board will function under the supervision of the Joint Secretary of the State government department dealing with Waqf affairs.
The PILs contend that the Board's composition violates the amended Waqf Act, which mandates the inclusion of non-Muslim members and representation from specified Muslim communities.
One of the petitions, filed by the Assembly of Christian Trust Services (ACTS), challenges the exclusion of representatives from the Shia, Bohra and Aghakhani communities. It also seeks a direction to the State government to reconstitute the Board by issuing a fresh notification in compliance with the Act.
ACTS has further challenged the uploading of details of the disputed Munambam land on the Centre's Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Portal. The organisation argued that the move adversely affects Hindu and Christian residents of the area and contended that only the muttawali is empowered under the Waqf Act to upload such details.
Another PIL, filed by BJP leader Shone George, seeks the immediate appointment of the two non-Muslim members and a declaration that the Board is functioning in violation of Section 14(1) of the amended Waqf Act. The High Court had earlier directed the State government to file its response.
A separate PIL raises similar objections to the Board's composition and also questions the inclusion of CPIM leader and former MLA Kunhammed Kutty Master as a member.
(With LiveLaw inputs)