Kochi: The Kerala High Court on Wednesday gave the state government six weeks to fill three existing vacancies in the Kerala State Waqf Board, while keeping open the larger legal battle over the Board’s present composition under the amended Waqf Act.
A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar recorded the submission of Advocate General K. Jaju Babu that the government had already initiated steps to fill the vacancies in accordance with the amended legislation.
The Bench said its immediate concern was the proper functioning of the Waqf Board, where three vacancies were admittedly pending, and adjourned the matter for six weeks to enable the government to take appropriate steps.
Significantly, the court made it clear that it was not deciding at this stage whether the Board itself requires reconstitution for allegedly failing to comply with the provisions of the amended Waqf Act.
The court also clarified that its interim order had not prevented the existing Board from functioning.
The observations assume significance as a batch of PILs has challenged the composition of the Kerala Waqf Board, particularly the alleged failure to include non-Muslim members and representatives of communities mandated under the amended law.
One of the petitions, filed by the Christian charitable organisation Assembly of Christian Trust Services (ACTS), has challenged not only the composition of the Board but also its action in uploading details of the disputed Munambam land on the Centre’s UMEED portal.
The ACTS contends that the move has implications for Hindu and Christian families residing in the area and has questioned the Board’s authority to upload the details, arguing that the Waqf Act empowers the muttawali to undertake the filing. The ACTS has also challenged the non-inclusion of representatives of the Shia, Bohra and Aghakhani communities, among other grounds, and sought a fresh notification from the government nominating members in accordance with law.
In another PIL, BJP leader Shone George has sought 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 petitions have also raised questions over the inclusion of CPI(M) politician and former MLA Kunhammed Kutty Master in the Board.
The High Court had, during the previous hearing, orally observed that there was no order restraining the state government from reconstituting the Board and that it could appoint the statutorily mandated non-Muslim members to ensure its functioning.
However, Wednesday’s order stops short of entering the merits of those challenges.
The Bench said the alleged violation of the statutory provisions regarding the Board’s composition was not required to be examined at this stage, leaving the government with a six-week window to address the vacancies and decide on the way forward.
The next hearing could therefore prove crucial, with the government required to report the steps taken to address the vacancies amid the continuing challenge to the very composition of the Board.
(IANS)
