High Court to examine legality of Waqf Board's constitution

KOCHI: The Kerala High Court will examine whether the constitution of the existing Kerala Waqf Board is legally valid. The decision came after the state government argued that the board, constituted by the previous government in February, was not formed in accordance with the law and should be reconstituted. A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar directed all parties to file their affidavits within three weeks. The court will hear the matter again after four weeks.

The court also said the government should consider implementing the amended law, which provides for the inclusion of two non-Muslim members in the Waqf Board. The bench directed the government to examine the matter while retaining its authority to reconstitute the board. The court was hearing petitions challenging the exclusion of two non-Muslim members and one Shia member from the Kerala Waqf Board. The petitioners include the Assembly of Christian Trust Services (ACTS) and BJP state vice-president Shaun George.

Advocate General Jaju Babu argued that the present board was constituted without determining proportional representation as required under Section 14(6) of the Waqf Act.

Supreme Court order brought to High Court's notice
The state government also informed the High Court that the Supreme Court had set aside the High Court's earlier direction to place the administration of the Waqf Board under the supervision of the Joint Secretary, following an appeal filed by the board. The Division Bench observed that the board would have to seek the High Court's permission only for policy decisions and capital expenditure. It clarified that the board would not be restricted in taking quasi-judicial decisions.