Court Finds Board's Formation Lacks Non-Muslim and Shia Representation, Restricts Policy Decisions
In a significant ruling, the Kerala High Court has directed the reconstitution of the Kerala State Waqf Board, finding its current composition non-compliant with the statutory requirements of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995. The decision was made in response to multiple Public Interest Litigations (PILs) challenging the notifications issued on 4th February and 13th March 2026.
The court, led by Chief Justice Soumen Sen and Justice Syam Kumar V.M., noted that the Waqf Board's current formation lacked the inclusion of non-Muslim members and representation from the Shia community, as mandated by Section 14 of the 1995 Act. The absence of these members rendered the Board's constitution not in conformity with the legislative requirements.
The ruling comes after the court considered arguments from petitioners, including Shone George and Sajid Hussain Khatai, who contested the notifications for failing to comply with the statutory mandate. The petitioners argued that the appointments did not adhere to the requirements that non-Muslim members and a member from the Shia community must be part of the Waqf Board.
The court acknowledged the submissions from the learned Additional Solicitor General for India, who stated that unless there is a specific court order restraining such appointments, the mandate of Section 14 must be followed. The court observed that there was no such interdiction in the Supreme Court judgment dated 15th September 2025, which was referenced during the proceedings.
As an interim measure, the court has restrained the current Waqf Board from making any policy decisions or incurring capital expenditures without the express permission of the court. Additionally, the Board will operate under the supervision of the Joint Secretary to the State Government dealing with Waqf matters until the reconstitution is completed.
The court has instructed the State to ensure the appointment of a government representative in compliance with the provisions of the 1995 Act. The case has been adjourned to 22nd July 2026, with directions for the parties to file their respective legal notes before the next hearing.
This ruling underscores the importance of adhering to statutory mandates in the formation of state bodies to ensure inclusive representation and compliance with the law.
Bottom line:-
Constitution of Waqf Board - Requirement to comply with Section 14 of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995 - Non-inclusion of non-Muslim members and a member from the Shia community renders the Board's constitution non-compliant with the statutory mandate.
Statutory provision(s): United Waqf Management, Empowerment, Efficiency and Development Act, 1995 Section 14, Civil Procedure Code.
Shone George v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2941943
