The Kerala government on Wednesday (September 30) submitted before the High Court that the process to constitute the State Waqf Board has been initiated and would be completed within 2 weeks.

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. today recorded the submission of the Advocate General that the process has been completed and is awaiting Cabinet decision and approval:

"The learned Advocate General has submitted that the process has already been initiated for the constitution of the Waqf Board and an affidavit shall be filed after a fortnight."

The case is posted after 4 weeks for consideration.

Last time, the Court had granted 6 weeks' time to the State government to fill up the existing vacancies in the Kerala State Waqf Board. On an earlier occasion also, it had orally remarked that there is no order restraining the State Government from reconstituting the 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

The development comes in PILs challenging 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.