The Kerala High Court on October 23, declined to grant an interim stay on the State Government’s decision to reconstitute the Kerala State Waqf Board, noting that the newly appointed members had already assumed office. The Division Bench of Justice Devan Ramachandran and Justice Basant Balaji issued notice on appeals challenging a Single Bench order that had refused to suspend the government’s decision.
Background
The appeals were filed by former Waqf Board chairman K.S. Hamza and former board member C.K. Usman Haji, challenging the State Government’s October 16 order appointing nine new members and reconstituting the Board. They argued that the existing members had been removed before completing their statutory five-year tenure and that the government had to follow the procedure prescribed by law.
The dispute is connected to public interest litigations concerning the composition of the State Waqf Board, which are also pending before a Division Bench of the High Court.
During the hearing, the Bench questioned whether the earlier Division Bench had expressly directed the State Government to reconstitute the Board. The Advocate General, K. Jaju Babu, submitted that the government had informed the court about its proposed action.
Clarifying the position, the Bench observed,
“The Division Bench did not say reconstitute. They said we are recording your submission that you are reconstituting.”
On the request for interim relief, the court stated,
“We are afraid that we cannot accede to that request because we are told by the learned Advocate General that the impugned notification has been put into effect and the new Waqf Board has taken office.”
The Bench also indicated that the appeals raised a question about whether the Single Bench was justified in referring the petitions to the Division Bench or should have decided them itself.
The High Court declined to grant an interim stay, directed the appellants to serve notice on the newly appointed Board members and posted the matter for further consideration on October 29, 2026.
Case Title: C.K. Usman Haji v. Union of India & Ors. and connected case
Case Number: WA No. 2186 of 2026 and connected case
