The Kerala High Court has sought the state government’s response to a Public Interest Litigation (PIL) challenging the composition of the Kerala State Waqf Board. The petition, filed by BJP state vice-president Shone George, urges the government to appoint two non-Muslim members to the board as required under the amended provisions of the Waqf Act, 2025.
A division bench comprising Chief Justice Soumen Sen and Justice V. M. Syam Kumar considered the matter and granted the state government additional time to submit its response. The court adjourned the case for further consideration after two weeks following a request from the senior government pleader.
PIL Challenges Current Composition of Waqf Board
According to the petition, the Waqf Act was amended in 2025 to require that at least two members of every Waqf Board, excluding ex officio members, must be non-Muslims. The amendment was introduced with the objective of ensuring broader representation, secular oversight, professional diversity, and greater financial accountability in the administration of public waqf properties.
The petitioner argued that the Kerala government has failed to comply with this statutory requirement while constituting the current board. The plea contends that the government deliberately constituted the board without including the mandatory non-Muslim representatives.
State Government Yet to Fill Remaining Vacancies
The petition points to a government order issued on February 4, 2026, through which nine members were appointed to the 11-member Kerala State Waqf Board. All nine appointees were Muslims.
The order reportedly stated that the remaining two positions would be filled at a later stage. However, the petitioner claims that the delay in appointing the remaining members has resulted in non-compliance with the amended provisions of the Waqf Act.
High Court Seeks Clarification
During the hearing, the state government’s counsel requested additional time to file a detailed reply. Accepting the request, the High Court directed the government to provide its instructions on the matter before the next hearing.
The court has not expressed any opinion on the merits of the case at this stage. The matter is expected to come up for further consideration after two weeks.
Significance of the Case
The case is likely to attract attention because it concerns the implementation of the amended Waqf Act and the composition of statutory boards responsible for managing waqf properties. The outcome could provide clarity on how state governments are expected to comply with the representation requirements introduced through the 2025 amendment.
The High Court will examine the government’s response before deciding the next course of action in the matter.
