Kerala High Court seeks State response to plea by BJP's Shone George challenging State Waqf Board composition

State Vice President of the Bharatiya Janata Party (BJP) has moved the Kerala High Court challenging the composition and functioning of the Kerala State Waqf Board. [Shone George v. State of Kerala].

According to the Public Interest Litigation (PIL) petition moved by George, the State government has not appointed two non-Muslim members to the Board as is statutorily required following the 2025 Waqf Amendment Act.

This makes the functioning of the Board unconstitutional and renders all of its administrative, supervisory, and quasi-judicial decisions null and void, the PIL states.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM today granted time for the Government Pleader to get instructions on the matter and directed the respondent State authorities to file their response by the next posting date.

The primary contention raised by George in his PIL is based on Section 14(1) of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, following its 2025 amendment.

The Amendment Act, which came into force on April 8 last year introduced a mandatory requirement under Section 14(1) to include at least two non-Muslim members in the Waqf Board, excluding ex-officio members.

While considering challenges to the 2025 Amendment Act, the Supreme Court did not stay the operation of this requirement, but it imposed an upper limit of three non-Muslim members on State Waqf Boards.

According to George's PIL, the Kerala government has deliberately flouted this statutory condition by nominating a Board consisting of only Muslims. 

The PIL stated that through a Government Order (GO) dated February 4, 2026, the State government appointed only nine members, all of whom are Muslim and concluded the order with a promise that the remaining two members would be appointed shortly.

George argued that a mere promise of future compliance cannot legitimise the current illegal functioning of the Board.

"Since the Board has not been constituted as per the explicit provisions of the Statute, it fundamentally lacks jurisdiction. The Kerala State Waqf Board holds extensive administrative, supervisory, and quasi-judicial control, including the power to settle management schemes, appoint or remove mutawallis, and take over lands. 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 and void ab initio," the PIL reads.

George argued that the illegal functioning of the Board has also disrupted public order in the State as it continues to take action in relation to the Munambam waqf land dispute which affects over 600 families.

The PIL further stated that the State government has chosen to not act even though it is vested with clear powers under Sections 97 and 99 of the Waqf Act to issue binding directions or supersede a non-compliant Board.

Therefore, George sought a declaration from the Court that the functioning of the Kerala State Wagqf Tribunal is in violation of Section 14(1) of the Waqf Act as amended in 2025 and that all decisions that were taken by the illegally constituted Waqf Board are null and void.

He also sought directions to the State government to immediately nominate the statutorily mandated two non-Muslim members to the Waqf Board.

The PIL will be heard by the Bench after two weeks.

George is being represented by Senior Advocate Santhosh Mathew and advocates Shinto Mathew Abraham, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Karthik Rajagopal, Leah Rachel Ninan, Noel Ninan, Aparnna S, Adeen Nazar, Arun Joseph Mathew, Rohan Mathew, Veena Raveendran, and Karthika Maria.

[Live Coverage]