The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. has granted time to the State to file an affidavit and posted the matter after 2 weeks for consideration.

Senior Advocate Santhosh Mathew appearing for Shone George pointed out that with the 2025 amendment, which came into effect from April 8, 2025, it has become mandatory to have at least 2 non-Muslims in the Waqf Board but the Kerala Waqf Board is functioning without any non-Muslims.

He also pointed to a government order in which there has been nomination of 9 members out of a total of 11 and all 9 of them were Muslims. Though the order states that the other two members would be appointed shortly, no further nomination was done.

He further pointed out that the said amendment, which came to be challenged before the Supreme Court in In Re Wakf Amendment Act 2025, the upper cap of the total number of non-Muslims has been decided as 'three'.

"Essentially two reliefs are sought for: first, without a non-Muslim member as mandated under the provision, Waqf Board is not entitled to function, and secondly, seeking for a direction to nomination a non-Muslim member as mandated under Section 14," Senior Counsel submitted.

“This action of the Hon'ble Supreme Court shows that the mandate of at least 2 non-muslim members under Section 14(1) was considered and held to be constitutional. Therefore, the same needs to be strictly implemented by all Boards including the Kerala State Waqgf Board without any deviations.. It is submitted that the Kerala Wagf Board does not consist of any non-muslim members and has been functioning in blatant violation of Section 14(1) of the Waqf Act which prescribes that at least 2 members in the Board must be non-muslims. This mandatory statutory condition has been flawed deliberately by the 1st Respondent State of Kerala,” the plea stated.

The PIL has produced a government order dated February 4, 2026 whereby the State government has nominated 9 members to be part of the Waqf Board and all of them are Muslim.

Though the order specifically provides that the remaining two members would be appointed shortly, but according to the petitioner the same is “only a tactically put wording so as to bypass the mandatory statutory condition of the presence of non-muslims in the Waqf Board.”

According to the PIL, the present illegal functioning of the Board has caused public order disruptions, especially in the context of the Munambam land dispute. Even though empowered to do so, the State government was not giving directions to the Board, it is stated.

The plea thus prays for a declaration that the Kerala State Waqf Board is functioning in violation of Section 14(1) of the Waqf Act as amended in 2025.

The petitioner also seeks a direction to the State government to immediately nominate the statutorily mandated 2 non-Muslim members to the Board. Further, he has prayed for an order declaration that all decisions taken by the Board without the mandatory constitution is null and void.

As an interim relief, the petition seeks a direction from the Court to restrain the Waqf Board from functioning until the 2 non-Muslim members are nominated.

The PIL is moved by Advocates Santhosh Mathew (Sr.), 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, Veena Raveendran, and Karthika Maria.

Case No: WP(PIL) No. 117/2026

Case Title: Shone George v. State of Kerala and Ors.