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The Kerala High Court on Wednesday (August 19) granted 6 weeks' time to the State government to fill up the existing vacancies in the Kerala State Waqf Board.

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. today recorded the submission of the Advocate General K. Jaju Babu appearing for the State that steps have already been taken to fill up the vacancies in accordance with the amended Waqf Act.

"It is for the State government to take action in accordance with law. At this stage, we are only seized with the problem of proper functioning of the Waqf Board where admittedly there are 3 vacancies. Since the State has initiated the process and has taken a stand that the State is going to take steps for filling up the vacancies, we adjourned this matter for a period of 6 weeks in order to enable the State to take appropriate steps for filling up the vacancies."

The Court further clarified that it is not presently considering whether the Board is required to be reconstituted for not including other statutorily-mandated members:

"In our interim order, we have not prevented the Board from functioning and as we are of the view that the State Govt should take up expeditious steps to fill up the remaining vacancies or to take any other decision that the State Govt may deem fit with regard to the constitution. We are not caught in the merits...Whether the Board is required to be reconstituted for violation of Section 14(6) is not required to be gone into at this stage. We are not expressing any opinion with regard to the alleged violation. It is for the State to take appropriate steps in accordance with law."

During the last hearing, the Court had orally observed that there is no order restraining the State Government from reconstituting the Kerala State Waqf Board and that in the interim, the Government can appoint the statutorily mandated non-Muslim members so that the Board can continue to function. 

Background

All the PILs have challenged the non-inclusion of non-Muslim persons to the Board, which is mandated as per the newly amended Waqf Act.

One of the PILs, moved by the Christian charitable organisation named Assembly of Christian Trust Services (ACTS), has also challenged the upload of the details of the disputed Munambam land on UMEED Portal (Unified Waqf Management, Empowerment, Efficiency, and Development Portal), which is set up for the purpose of filing of details of waqf, saying that it affects Hindu and Christian communities living there.

In the PIL moved by ACTS, there is a challenge to the very composition of the Board for non-inclusion of Shia, Bohra and Aghakhani communities as mandated by law. The composition is also challenged on various other grounds.

The organisation has thus sought for a direction to the State government to issue a fresh notification nominating new members to the Board in accordance with law within a timeframe fixed by the Court. The ACTS has also challenged the filing of the disputed Munambam land by the Board on Centre's UMEED Portal on the ground that the Waqf Act empowers only the muttawali to do so.

In the PIL, moved by BJP leader Shone George, the prayer is for a direction to the State government to nominate the two non-Muslim members immediately and to declare that the Waqf Board is presently functioning in violation of Section 14(1) of the Waqf Act as amended in 2025. The Court had earlier sought the State's response and had directed it to file an affidavit.

In yet another PIL, the same grounds taken in the afore cases were also taken. Additionally, the inclusion of CPI(M) politician and former MLA Kunhammed Kutty Master in the Board is highlighted.

Case No: WP(PIL) 135/2026 and connected cases

Case Title: Assembly of Christian Trust Services (ACTS) v. State of Kerala and Ors. and connected cases

Counsel for the petitioners: Shinto Mathew Abraham, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Karthik Rajagopal, Leah Rachel Ninan, Noel Ninan Ninan, Aparnna S., Adeen Nazar, Arun Joseph Mathew, Rohan Mathew, Santhosh Mathew (Sr.), Veena Raveendran, Karthika Maria, Adil M.H., Joseph Joy, S. Sanal Kumar (Sr.), K.B. Rahim, Lakshmi Sreedhar, P.B. Krishnan (Sr.)

Counsel for the respondents: P.M.Saneer - Spl.G.P. To Addl. A.G., K. Jaju Babu - Advocate General, P. Sreekumar - ASGI, T. Krishnanunni (Sr.), Jamsheed Hafiz, Harikrishnan P.B.

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