The Kerala High Court Waqf Board order has placed significant restrictions on the functioning of the Kerala State Waqf Board. The High Court directed the Board not to take major decisions, introduce policy changes, or incur capital expenditure until it decides petitions challenging the Board’s composition. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the interim order while hearing Shone George v. State of Kerala and connected cases.
High Court Restricts Board’s Powers
The Division Bench restrained the Kerala State Waqf Board from making important administrative decisions without prior approval from the Court.
The judges observed that the Board’s present composition appears to be inconsistent with Section 14 of the Waqf (Amendment) Act, 2025. As an interim arrangement, the Court directed that the Joint Secretary handling Waqf affairs in the State Government oversee the Board’s administration.
Court Notes Prima Facie Violation
The Bench found a prima facie case that the current Board does not comply with the amended law.
Section 14 of the Waqf (Amendment) Act, 2025 requires every State Waqf Board to include at least two non-Muslim members. The Court observed that the existing Board does not appear to satisfy this statutory requirement.
Therefore, any significant administrative action by the Board will require prior permission from the High Court.
State Admits Need for Restructuring
During the hearing, Kerala Advocate General Jaju Babu acknowledged that the Board’s present composition contains legal defects.
The Court also took note of the State’s affidavit dated July 14. The affidavit admitted that the Board requires restructuring to comply with Section 14 of the Waqf (Amendment) Act, 2025.
Petitions Challenge Board’s Composition
Several petitioners have challenged the validity of the present Board.
The petitions were filed by Shone George, State Vice President of the Bharatiya Janata Party (BJP), the Assembly of Christian Trust Services (ACTS), and Stalin V.M., a retired Indian Air Force Junior Warrant Officer.
The petitioners argue that the absence of non-Muslim members makes the Board’s administrative and quasi-judicial decisions legally unsustainable.
Additional Issues Raised
The ACTS petition challenges the inclusion of disputed Munambam land in the UMEED Portal maintained by the Waqf Board.
Another petition questions the continuation of former CPI(M) MLA Kunhammed Kutty Master on the Board. It argues that the seat is reserved for a sitting legislator, but he ceased to be an MLA after the 2026 Kerala Assembly elections.
Background of the Amendment
The Waqf (Amendment) Act, 2025 came into force on April 8, 2025.
The amendment introduced Section 14(1), which requires the inclusion of non-Muslim members in every State Waqf Board. Earlier, while hearing challenges to the amendment, the Supreme Court declined to stay the provision but limited the number of non-Muslim members to a maximum of three.
Next Hearing
The Kerala High Court Waqf Board order will remain in force until further orders. The High Court has posted the matter for hearing after two weeks to examine the legality of the Board’s present composition.
