Another PIL Moved Before Kerala High Court Challenging State Waqf Board Constitution, Inclusion Of Former MLA In Reserved Seat
K. Salma Jennath
3 July 2026 11:16 AM IST
Another public interest litigation has been moved before the Kerala High Court challenging the constitution of the State Waqf Board. The inclusion of CPI(M) politician and former MLA Kunhammed Kutty Master in the Board is also highlighted in the plea.
Earlier, PILs were moved by BJP leader Shone George and a Christian trust named Assembly of Christians Trust Services (ACTS).
The present PIL is moved by Stalin V.M., who is a retired Junior Warrant Officer from the Indian Air Force. According to the PIL, he has also served as the Under Secretary to the government of Kerala from the Finance department. He is also stated to be public spirited individual, actively involved in supporting the residents and landowners in the disputed Munambam land.
It is further stated that Section 14(1)(b)(ii) mandates a member of state legislature as nominated by the government but Kuhammed Kutty Master was nominated for a term of 5 years, just two months before the expiry of his term in the afore vacancy reserved for MLAs.
“At the time of nomination, it was evident that the nominee's tenure as an MLA would expire within two months and that there was no assurance of his re-election. Following the Assembly elections, the nominee ceased to be a Member of the Legislative Assembly. However, he continues to occupy the office of member…notwithstanding the fact that he no longer holds the status that constituted the very basis of his nomination. The continuance of the said member on the Board, despite the cessation of the qualification that entitled him to be nominated, is wholly unsustainable in law,” states the plea.
The government order issued in February 2, 2026, that had nominated 9 out of the 11 members of the Waqf Board, is challenged herein as well for not adhering to the statutory mandate as per the newly amended Waqf Act that requires inclusion of two non-Muslims as well as members from Shia, Sunni, Bohra, Aghakhani and other backward classes among Muslims.
The inclusion of other members is also challenged on various grounds, including non-compliance with statutory requirement.
The plea thus prays for a direction to the State government to reconstitute the Board in accordance with law. It also seeks to quash the government orders nominating the present members.
Additionally, a prayer is sought for setting aside all decisions made by the Board and for restraining the Board from exercising the statutory powers. The same relief is sought for as interim prayer.
The petition is moved by Advocate Lakshmi Sreedhar.
Case No: WP(PIL) 139 of 2026
Case Title: Stalin V.M. @ Stalin Devan v. State of Kerala and Ors.
