Tiruvanantpuram: The Kerala High Court granted the State Government six weeks to fill the existing vacancies in the Kerala State Waqf Board and ensure its smooth functioning. The decision came during the hearing of several Public Interest Litigations (PILs) related to the Board’s composition and functioning.
The court recorded the State Government’s submission that steps had already been initiated to fill the vacant positions as required under the amended Waqf Act.
Kerala Waqf Board Row: Kerala High Court Grants Six Weeks To Fill Vacancies
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. heard the matter and accepted the State Government’s request for additional time. The court directed the government to complete the appointment process within six weeks.
According to the State’s submission, there are currently three vacancies in the Kerala State Waqf Board. The government informed the court that the process to fill these posts is already underway.
Kerala Waqf Board Row: Court Focuses On Functioning Of The Board
The High Court clarified that its immediate concern is the proper functioning of the Waqf Board. The Bench observed that since vacancies exist, the State Government should take prompt action to appoint eligible members and ensure that the Board continues to perform its statutory duties effectively.
Court Does Not Decide On Board Reconstitution Yet
The court also clarified that it is not presently deciding whether the Board must be reconstituted due to alleged violations of the amended Waqf Act.
The judges stated that they were not examining the merits of the broader dispute regarding the Board’s composition. Instead, the focus remained on filling the vacant positions and maintaining administrative continuity.
Kerala Waqf Board Row: Earlier Observations Of The Court
During a previous hearing, the Kerala High Court had orally observed that there was no legal restriction preventing the State Government from reconstituting the Board.
The court had also noted that the government could appoint the statutorily required non-Muslim members so that the Board could continue functioning smoothly until the larger legal issues are resolved.
Why The PILs Were Filed
Several PILs have challenged the present composition of the Kerala State Waqf Board.
The petitions argue that the Board has not been constituted in accordance with the provisions introduced under the Waqf (Amendment) Act, 2025. Some petitioners have questioned the absence of certain categories of members that are required under the amended law.
One petition filed by the Assembly of Christian Trust Services (ACTS) also challenges the inclusion and exclusion of specific communities in the Board and raises concerns regarding the management of disputed waqf properties.
Kerala Waqf Board Row: Dispute Over Non-Muslim Members
A separate PIL filed by BJP leader Shone George seeks the immediate nomination of two non-Muslim members to the Board.
The petition claims that the amended Waqf Act mandates such appointments and argues that the current composition does not fully comply with statutory requirements.
Background Of Kerala State Waqf Board Reconstitution
The term of the previous Kerala State Waqf Board had expired, leading to legal challenges and demands for reconstitution.
Earlier this year, the State Government informed the court that the Board had been reconstituted under the amended framework. However, appointments of certain members, including non-Muslim representatives, remained pending, which triggered further litigation.
The Waqf (Amendment) Act, 2025 introduced several changes to the composition of State Waqf Boards, including broader representation and provisions related to governance and administration.
What Happens Next?
The Kerala Government now has six weeks to complete the appointment process and fill all existing vacancies in the Kerala State Waqf Board.
The matter is expected to return before the High Court after the expiry of the six-week period, when the court will review the progress made by the State Government.
Read also: Kerala High Court Clarifies Akshaya Centre Reservation Rules: No Mandatory Quota For Women Or PwDs
FAQs
The petitions challenge the composition of the Kerala State Waqf Board and seek compliance with provisions introduced under the Waqf (Amendment) Act, 2025.
Court proceedings indicate that there are currently three vacancies in the Kerala State Waqf Board that need to be filled by the State Government.
The Kerala High Court granted six weeks to the State Government to fill existing vacancies in the Kerala State Waqf Board and ensure its proper functioning.
