Kochi: The functioning of the Kerala State Waqf Board has come under judicial scrutiny after BJP state vice-president Shone George approached the Kerala High Court, alleging that the Board is operating in violation of the amended Waqf law and that all decisions taken by it could be legally questioned.
The Public Interest Litigation (PIL) filed by George contends that the state government has failed to appoint the mandatory non-Muslim members to the Board as required under the 2025 amendment to the Waqf Act, making its present constitution invalid.
A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar on Thursday sought the response of the state government and granted time to file its reply.
The matter has been posted for further hearing after two weeks.
The petition is based on Section 14(1) of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, after its amendment came into force on April 8, 2025.
The amended provision mandates the inclusion of at least two non-Muslim members in State Waqf Boards, excluding ex-officio members.
George’s petition argues that the Kerala government, through a Government Order dated February 4, 2026, appointed nine members to the Board, all of them Muslims, while stating that the remaining two members would be appointed later.
The petitioner contends that a promise of future compliance cannot justify the Board’s present functioning and that the mandatory statutory requirement has been bypassed.
“The Board has been constituted contrary to the provisions of the statute and therefore lacks jurisdiction,” the plea states, arguing that all administrative, supervisory and quasi-judicial decisions taken by the Board could be treated as void.
The petition points out that the Waqf Board has wide powers, including supervision of Waqf properties, settlement of management schemes, and appointment or removal of administrators.
According to George, a Board that is not legally constituted cannot exercise such authority.
The plea also raises concerns over the continuing Munambam Waqf land dispute, involving more than 600 families, alleging that the functioning of the Board without the mandated composition has contributed to public unrest.
George has sought a declaration that the Kerala Waqf Board is functioning in violation of the amended law and that decisions taken by the Board in its present form are null and void.
He has also sought directions to the state government to immediately appoint the required two non-Muslim members.
The Supreme Court, while examining challenges to the 2025 Waqf Amendment Act, had not stayed this specific requirement but placed an upper limit of three non-Muslim members in State Waqf Boards.
The High Court’s response to the petition is now keenly awaited, as the case could have wider implications for Waqf administration and ongoing disputes linked to Waqf properties in Kerala.
(IANS)
