INTRODUCTION
The Kerala High Court has gotten involved in the controversy about the newly formed Kerala State Waqf Board. The Court is set to review a Public Interest Litigation (PIL) that demands a justification from the State regarding the legitimacy of the Board, which currently lacks any representatives from non-Muslim communities.. The petition claims that the Government Order (February,2026) issued by the State violates the statutory requirements in the Waqf (Amendment) Act, 2025 and therefore renders the Board’s most recent administrative decision made legally void.
BACKGROUND
The Waqf (Amendment) Act, 2025, which became effective on April 8, 2025, introduced many reforms to the management of Waqf property. One contentious provision of the amended Act, Section 14(1) requires there to be at least two members of State Waqf Boards who are from the non-Muslim community to provide for adequate representation.
Notwithstanding this, the Left Democratic Front (LDF) government of Kerala issued a Government Order (GO) on February 4, 2026, creating a nine-member Waqf Board comprised entirely of Muslim members, leaving the two required seats for non-Muslims vacant. Political leader Shone George subsequently filed suit against the Government of Kerala in the High Court to challenge the validity of this constitution created by the LDF. The PIL argues that a statutory entity such as the Waqf Board should be created in accordance with the enabling statute of the Waqf Board Act (Primary Statute) and therefore has no legal authority to administer waqf property, because it lacks its jurisdiction and has defects in its composition.
KEY POINTS
- According to the petitioner, the exclusive appointment of Muslim members directly violates the clear words of Section 14(1) of the Unified Waqf Management, Empowerment, Efficiency and Development Act 1995, as amended in 2025.
- Appearing as the representative of the petitioner, Senior Advocate Santhosh Mathew has said that the Waqf Board has been defectively formed and lacks any jurisdictional authority. Therefore, any orders or approvals of land taken over by the present board are void.
- When the challenges to the 2025 Amendment Act were considered by the Supreme Court in IN RE THE WAQF (AMENDMENT) ACT, 2025 [2025 LiveLaw (SC) 909], it expressly chose not to issue a stay order on the provision that allows for the appointment of non-Muslim members. SC capped non-Muslim representation:
- Central Waqf Council (22 members) shall not have more than 4 non-Muslims.
- State Waqf Boards (11 members) shall not have more than 3 non-Muslims.
- According to the petition, the Board continues to have a high degree of control over decisions despite not having enough members for a legal quorum. This situation worsens public order problems due to illegal actions taken by the Board and their continuing interference as part of the Munambam Waqf land dispute, which affects over six hundred families who live in the surrounding area, and also constitutes the Board’s actions as being invalidly conducted because there is no legal authority to do so.
- Previously, the State has indicated its awareness of the lack of a quorum, indicating future appointments will occur shortly; however, simply stating that they will comply at some point does not provide valid legal authority to continue carrying out their duties at present.
RECENT DEVELOPMENTS
Chief Justice Soumen Sen and Justice Syam Kumar V.M., both members of the Division Bench, have taken on this case after being satisfied as to the seriousness of the jurisdictional issues raised. The Bench ordered the Kerala State authorities to submit their formal submissions to the court within two weeks. The Petitioner has requested a formal declaration from the High Court that the current operation of the Board is unlawful and that a writ of mandamus should be issued to the State Government, requiring that it nominate the mandated non-Muslim Board members immediately.
CONCLUSION
The Kerala High Court is set to announce its decision on the administration of Waqf in Kerala and will do so through a Public Interest Litigation (PIL), which challenges a recent attempt by the State to avoid the operational requirements of the 2025 Amendment. The PIL will bring to the forefront the issue of the Waqf Board’s compliance with statutes and provide a means for determining whether, should the Court rule in favour of the petitioners, the actions of the Waqf Board, including its controversial acts relating to the Munambam land case, can be declared invalid by the Court, and thus, the Board can no longer function until it is legally constituted. The matter will serve as an important test case regarding the extent of political interference and whether it will be able to supersede clear requirements of statutory authority.
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WRITTEN BY: VINEET SEERVI
