Kochi, August 19: The Kerala High Court has instructed the state government to fill three vacant positions in the Kerala State Waqf Board within six weeks. However, the court did not issue a ruling on the ongoing legal challenges regarding the current composition of the board under the amended Waqf Act.
A division bench comprising Chief Justice Soman Sen and Justice V.M. Syam Kumar noted the argument presented by Advocate General K. Jaju Babu, who stated that the government has initiated the process to fill the vacancies as per the revised law.
The bench expressed its primary concern regarding the proper functioning of the Waqf Board, where three vacancies remain unfilled. The court has postponed the hearing, granting the government six weeks to take necessary actions.
It clarified that it is not deciding at this stage whether the board should be restructured due to alleged non-compliance with the provisions of the amended Waqf Act. The court also made it clear that its interim order does not impede the current operations of the board.
This case is linked to several public interest litigations challenging the formation of the Kerala Waqf Board. The petitions specifically allege the exclusion of non-Muslim members and representatives of various communities as mandated by the law.
The Assembly of Christian Trust Services (ACTS), a Christian charitable organization, has also filed a petition challenging both the board’s formation and the uploading of details regarding the disputed Munambam land on the central government’s e-portal.
ACTS argues that this action affects Hindu and Christian families residing in the area. The organization has questioned the board’s authority to upload land-related details, asserting that this process should be conducted through the mutawalli as per Waqf law. They have also raised concerns about the exclusion of representatives from the Shia, Bohra, and Aga Khani communities, urging the government to issue a new notification for member nominations in accordance with the law.
In another public interest petition, BJP leader Shon George has demanded the immediate appointment of two non-Muslim members. He has also sought a declaration that the board is operating in violation of Section 14(1) of the amended Waqf Act.
The petitions have also questioned the inclusion of former MLA Kunhammed Kutty Master in the board.
During a previous hearing, the High Court orally stated that there is no order preventing the state government from reorganizing the board and that it can appoint the mandatory non-Muslim members required by law for the board’s smooth operation. However, on Wednesday, the court did not consider the merits of these challenges. The bench stated that an investigation into the alleged statutory violations related to the board’s formation is not necessary at this stage.
The government now has six weeks to fill the vacancies and decide on further actions. In the next hearing, the government will need to report on the steps taken to fill the vacant positions. This upcoming session may be crucial concerning the ongoing legal challenge to the current composition of the board.
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