Kochi: Shone George, the state vice-president of the Bharatiya Janata Party (BJP), has filed a Public Interest Litigation (PIL) before the Kerala High Court. The petition seeks a direction to the state government to nominate the two mandatory non-Muslim members to the Kerala State Waqf Board, in accordance with Section 41 of the Waqf Act as amended in 2025.
Interim Order Sought
George has further sought an interim order restraining the Waqf Board from functioning without the nomination of the two non-Muslim members. According to the petition, the 2025 amendment to the Waqf Act mandates that at least two members of the board, excluding ex officio members, must be non-Muslims. This requirement aims to introduce secular oversight, professional diversity, and financial accountability into the administration of public waqf properties.
Allegations of Deliberate Violation
The petitioner contended that the state government has deliberately flouted this statutory requirement by constituting a board comprising only Muslims. The petition states that through a Government Order dated February 4, 2026, the state government appointed nine members, all of whom are Muslims, to the 11-member board. The order indicated that the remaining two members would be appointed subsequently, but no such appointment has been made.
George further contended that in the absence of the mandatory non-Muslim members, the Kerala State Waqf Board lacks jurisdiction. Consequently, all administrative, supervisory, and quasi-judicial decisions taken by the board are rendered legally invalid from the outset. The PIL argues that the board's composition violates the clear provisions of the amended Waqf Act and undermines the principles of secular governance.
The case is expected to be heard by the Kerala High Court in the coming days, with significant implications for the administration of waqf properties in the state.
