KERALA HIGH COURT SEEKS STATE'S RESPONSE ON PLEA CHALLENGING DEFECTIVE WAQF BOARD CONSTITUTION

KOCHI: The Kerala High Court on Thursday issued notice to the State government in a Public Interest Litigation (PIL) challenging the current composition and functioning of the Kerala State Waqf Board. The petitioner contends that the Board’s present constitution violates the mandatory statutory amendments introduced last year, rendering all its recent administrative and quasi-judicial decisions void ab initio.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. directed the Government Pleader to obtain instructions and ordered the state authorities to file their formal response. The matter has been posted for further hearing in two weeks.

Statutory Non-Compliance and Defective Composition
The PIL, moved by political leader Shone George, primarily challenges the validity of a Government Order (GO) dated February 4, 2026. Through this order, the State government appointed a nine-member Waqf Board consisting entirely of Muslim members.

The petitioner argued that this layout directly flouts Section 14(1) of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended by the Waqf (Amendment) Act. The amendment, which came into force on April 8, 2025, mandates the inclusion of at least two non-Muslim members in State Waqf Boards, excluding ex-officio positions.

While the Supreme Court had previously reviewed challenges to the 2025 Amendment Act, it explicitly chose not to stay the operation of this specific clause, merely capping the maximum number of non-Muslim members at three.

Decisions Lack Jurisdiction, Arguments Plead
Senior Advocate Santhosh Mathew, appearing for the petitioner, argued that a statutory body must be constituted strictly in accordance with its parent law to exercise valid jurisdiction.
"Since the Board has not been constituted as per the explicit provisions of the Statute, it fundamentally lacks jurisdiction... As the Waqf Board itself is defectively and illegally formed, there arises a critical situation wherein any order, decision, or proceeding carried out by the Board is an absolute nullity," the petition reads.

The plea further notes that although the state’s February GO acknowledged the statutory gap by promising that the remaining two non-Muslim members would be appointed "shortly," a mere promise of future compliance cannot validate its current operations. The Board continues to exercise extensive administrative control, including settling management schemes, taking over lands, and removing mutawallis (managers), without the requisite legal quorum.

Public Order and Reliefs Sought
The petitioner also highlighted that the Board’s current operations have exacerbated public order issues within the state. Specifically, the plea cited ongoing adverse actions related to the high-profile Munambam Waqf land dispute, an issue currently impacting more than 600 local families.

The PIL asserts that despite having clear powers under Sections 97 and 99 of the Waqf Act to issue binding directions or supersede a non-compliant body, the State government has failed to act.
The petitioner has sought a formal declaration from the High Court pronouncing the current functioning of the Board illegal. Additionally, the plea seeks a mandamus directing the State to immediately nominate the mandated non-Muslim members to regularize the Board's composition.

Discription: KOCHI: The Kerala High Court has sought the State government's response to a Public Interest Litigation (PIL) challenging the legality of the Kerala State Waqf Board's current composition. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. directed state authorities to file their submissions within two weeks.

The petitioner, Shone George, argues that a February 2026 Government Order appointed a nine-member board consisting exclusively of Muslim members. This directly flouts Section 14(1) of the amended Waqf Act, which mandates the inclusion of at least two non-Muslim members. The plea contends that because the Board is defectively constituted, it fundamentally lacks jurisdiction. Consequently, all its recent administrative and quasi-judicial decisions—including ongoing interventions in the sensitive Munambam land dispute affecting over 600 families—are legally void.