The Kerala Government has filed a petition in the Supreme Court challenging an order of the Kerala High Court that restrains the State Wakf Board from taking any major decisions, incurring capital expenditure or making policy decisions without the express leave of the Court. The petition was mentioned for urgent hearing and the Chief Justice of India, Justice Surya Kant, directed that the matter be listed for hearing on the forthcoming Monday or Tuesday.
Senior Advocate V Chitambaresh, appearing for the State, submitted that the High Court’s interim order was passed without notice to the affected party and has effectively rendered the Board defunct. He contended that the Board is unable to perform its statutory functions because the order prohibits it from undertaking any significant administrative or financial action.
In support of the plea for interim relief, the senior counsel referred to a recent order passed by the Supreme Court in a similar matter concerning the Tamil Nadu Wakf Board. He pointed out that in that case the Supreme Court had granted interim relief to allow the Board to continue functioning while the constitutional issue was examined.
The High Court’s order under challenge arose from a series of public interest litigations questioning the composition of the State Wakf Board. A Division Bench of the Kerala High Court, presided over by Chief Justice Soumen Sen and Justice Syam Kumar V.M., examined the petitions and recorded a prima facie finding that the Board is not constituted in accordance with Section 14 of the Unified Waqf Management Empowerment Efficiency and Development Act 1995, as amended by the 2025 Waqf Amendment Act.
The Bench noted that the statutory provision mandates the inclusion of two non‑Muslim members and one Shia member in the Wakf Board. It observed that the current Board lacks these two non‑Muslim members and the one Shia member. Consequently, the Bench held that the constitution of the Board prima facie appears to be non‑conformant with Section 14 of the Act.
On the basis of this finding, the High Court directed that the present Board shall not take any major decisions, incur any capital expenditure or make any policy decision without the express leave of the Court. The order was intended to preserve the status quo until the question of the Board’s lawful composition is resolved.
The Kerala Government’s petition contends that the High Court’s restraint, passed without notice, disproportionately impairs the Board’s ability to discharge its duties and seeks an interim direction from the Supreme Court allowing the Board to resume its essential functions while the constitutional challenge is adjudicated. The matter is now pending before the Supreme Court for consideration.