WaqfBoard – Kerala High Court Reviews Challenge to Board’s Composition
WaqfBoard – The Kerala High Court has begun examining a petition that questions the legality of the current Kerala State Waqf Board, following allegations that its formation does not comply with provisions introduced under the amended Waqf legislation. The matter was brought before the court through a Public Interest Litigation (PIL) filed by BJP state vice-president Shone George, who argues that the Board’s present structure fails to meet statutory requirements and could place its decisions under legal doubt.
Court Seeks Government’s Position
A Division Bench headed by Chief Justice Soumen Sen and Justice V.M. Syam Kumar considered the petition and directed the Kerala government to submit its response. The court granted additional time for the state to file its counter-affidavit and scheduled the next hearing for two weeks later.
The petition centers on amendments incorporated into the United Waqf Management, Empowerment, Efficiency and Development Act, 1995. These changes came into force on April 8, 2025, and introduced new requirements regarding the composition of State Waqf Boards across the country.
Objection Over Board Membership
According to the plea, the amended law makes it mandatory for every State Waqf Board to include at least two non-Muslim members, excluding those serving in an ex-officio capacity. George contends that this provision has not been implemented in Kerala.
The petition points to a government order issued on February 4, 2026, through which nine members were appointed to the Board. All nine appointees were Muslims, while the government indicated that the remaining two positions would be filled at a later stage. The petitioner argues that such an arrangement does not satisfy the legal requirement currently in force.
Questions Raised on Board Authority
George maintains that the Board cannot continue functioning on the basis of a future promise of compliance. The PIL argues that the statutory condition regarding membership is mandatory and must be fulfilled before the Board can legally exercise its powers.
The petition further claims that if the Board has not been constituted in accordance with the law, its authority to make decisions could be challenged. It raises concerns that administrative actions, supervisory orders and quasi-judicial decisions issued by the Board may be vulnerable to legal scrutiny if the composition is found to be defective.
Significance of the Waqf Board’s Role
The Kerala State Waqf Board holds extensive responsibilities related to the management and oversight of Waqf properties. Its functions include monitoring property administration, approving management arrangements, and appointing or removing officials responsible for managing Waqf assets.
The petitioner argues that such significant powers should only be exercised by a body that has been constituted strictly in accordance with statutory provisions. Any deviation from the legal framework, the plea suggests, could affect public confidence in the institution’s decisions.
Concerns Linked to Ongoing Land Dispute
The PIL also refers to the Munambam Waqf land dispute, a matter involving more than 600 families. According to the petition, questions surrounding the Board’s present composition have added to public concern in relation to issues connected with Waqf property administration.
George has requested the court to formally declare that the Board is functioning contrary to the amended law. He has also sought a ruling that decisions taken by the Board in its current form should be considered invalid. In addition, the petition asks the state government to immediately appoint the two non-Muslim members required under the amended legislation.
Wider Legal Implications
The petition notes that while the Supreme Court has been hearing challenges related to the 2025 Waqf Amendment Act, it did not suspend the provision requiring non-Muslim representation on State Waqf Boards. The apex court, however, placed a cap of three non-Muslim members on such boards.
The outcome of the Kerala High Court proceedings is expected to be closely watched, as it may influence not only the functioning of the Kerala State Waqf Board but also broader questions concerning Waqf administration and property-related disputes within the state.