The Kerala High Court has sought instructions from the state government on a Public Interest Litigation (PIL) filed by BJP state vice-president Shone George. The PIL seeks a direction to nominate the two mandatory non-Muslim members to the Kerala State Waqf Board, as per Section 41 of the Waqf Act, as amended in 2025.
Court Proceedings
The bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar adjourned the PIL for consideration after two weeks. This decision came at the request of the senior government pleader, who sought additional time to file a reply on behalf of the state government.
Petitioner's Contentions
According to the petition, the Waqf Act, as amended in 2025, 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. The petitioner contended that the state government has deliberately flouted this statutory requirement by constituting a board comprising only Muslims.
Government's Action
Meanwhile, the state government, through an order dated February 4, 2026, appointed nine members, all of whom are Muslims, to the 11-member board. The order indicated that the remaining two members would be appointed at a later stage. The petitioner argues that this action violates the clear mandate of the amended Waqf Act.
The court has now given the government two weeks to file its response, after which the matter will be taken up for further hearing.
