Kerala Waqf Board moves Supreme Court against HC order restraining it from taking major decisions

The Kerala Waqf Board has approached the Supreme Court against an order of the Kerala High Court restraining the board from taking any major decisions, incurring capital expenditure or making policy decisions

The appeal was mentioned before Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana for urgent hearing.

The CJI agreed to list the matter on Monday, July 20.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM of the High Court had on July 15 restrained the Waqf Board from taking major decisions until the High Court decides on a batch of petitions challenging the board's composition.

The High Court passed the interim order while considering the Public Interest Litigation (PIL) petitions challenging the constitution of the present board.

The High Court observed that the board's existing composition prima facie appeared to be contrary to Section 14 of the 2025 Waqf Amendment Act, which mandates the inclusion of at least two non-Muslim members in every State Waqf Board.

It proceeded to direct that the present board shall not take any major decisions, incur any capital expenditure or take any policy decision without the express leave of the Court.

It further directed that for the time being, the board shall function under the administration and supervision of the Joint Secretary to the State government who deals with Waqf matters.

The petitions before the High Court included those filed by the State Vice President of the Bharatiya Janata Party (BJP), Shone George, a Christian trust named the Assembly of Christian Trust Services (ACTS) and one by retired Indian Army Force Junior Warrant officer and former Kerala government under secretary, Stalin VM.

The petitioners contended that since the State Waqf Board has not yet appointed two non-Muslim members as required under the 2025 Waqf Amendment Act, its functioning was unconstitutional.

The 2025 Waqf Amendment Act came into force on April 8 last year. Among other provisions, it 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 amendment, the Supreme Court did not stay the operation of this requirement. Instead, it imposed an upper limit of three non-Muslim members on State Waqf Boards.

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

The petition filed by ACTS additionally challenged the board's decision to upload the details of the heavily disputed land in Munambam to the UMEED Portal, a centralised digital platform with details of waqf properties.

The petition by Stalin questioned the continued membership of former CPI(M) MLA Kunhammed Kutty Master in a waqf board seat reserved for an MLA, despite him ceasing to be an MLA after the 2026 Assembly elections.

Note: The article had earlier erroneously reported that the plea mentioned this morning before the Supreme Court was by the State of Kerala. The plea has been filed by the State Waqf Board. The error has been corrected.