Kerala High Court Pauses Waqf Board Functioning Over Composition Row

The Kerala High Court on Wednesday stayed the functioning of the present Waqf Board, noting that its current composition does not comply with the provisions of the Waqf Act. 

Until the issue is resolved, the court has directed the Joint Secretary in charge of Waqf to oversee the board's day-to-day affairs, while making it clear that no major policy decisions should be taken.

A division bench comprising Chief Justice Soumen Sen and Justice V.M. Shyamkumar passed the interim order while hearing petitions filed by BJP leader Shaun George and the Assembly of Christian Trust Services (ACTS).

The petitioners challenged the constitution of the board, arguing that it was formed illegally as it did not include two non-Muslim members as mandated under the Waqf Act. 

They also alleged that some members were appointed without the legal qualifications required to represent specific groups. Another objection was that an official from the Law Department had been appointed in place of the ex-officio Joint Secretary from the department handling Waqf affairs.

During the hearing, Advocate General Jaju Babu informed the court that the state government was prepared to reconstitute the board under Section 14 of the Waqf Act. He acknowledged that the existing board has only nine members instead of the mandated 11 and conceded that it had not been constituted in accordance with the law.

When the bench asked whether the government was effectively accepting the petitioners' arguments, the Advocate General replied that the board required reorganisation. He also stated that although the law mandates the appointment of non-Muslim members, those appointments had not been made, and the present board had become dysfunctional.

The court observed that if the statutory requirement regarding non-Muslim members had not been complied with, the current board could not continue to function. It therefore directed that the Joint Secretary in charge of Waqf would administer the board until the petitions are decided. The matter has been posted for further hearing next week.

Counsel appearing for the Waqf Board argued that the government's explanatory note had not been served to them and contended that appointments of non-Muslim members had been deferred because the issue was pending before the Supreme Court. However, the Centre submitted that the Supreme Court had not passed any order restraining such appointments