The Kerala High Court on 15 july has restrained the Kerala State Waqf Board from taking any major decisions after finding, at a prima facie stage, that its present composition may not comply with the requirements of the amended Waqf law. The Court also directed that the Board's functioning be supervised by the State government's Joint Secretary handling Waqf matters until further orders.
The interim order was passed by a Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. while hearing a batch of Public Interest Litigations, including Assembly of Christian Trust Services (ACTS) v. State of Kerala and Others and connected matters.
The petitions questioned the validity of the Board's constitution, arguing that it does not satisfy the requirements introduced under Section 14 of the Waqf (Amendment) Act, 2025, which mandates the inclusion of at least two non-Muslim members in every State Waqf Board. Some petitioners also raised concerns regarding the absence of a Shia representative and challenged other aspects of the Board's composition.
During the hearing, the State government acknowledged that there were certain infirmities in the Board's constitution and informed the Court that reconstitution would be required to comply with the statutory mandate.
The Bench observed that the material placed before it indicated that the present Board was, prima facie, not constituted in accordance with Section 14 of the amended law.
The Court observed,
"The constitution of the Board prima facie appears to be not in conformity with Section 14 of the Act."
Noting the admitted absence of two non-Muslim members, the Bench held that the existing Board should not take decisions that could have long-term administrative or financial consequences while the legality of its composition remains under examination.
The Court also recorded the State's stand that the Board would need to be reconstituted in accordance with the statutory provisions.
Pending further consideration of the petitions, the High Court directed that the Kerala State Waqf Board shall not take any major decisions, incur capital expenditure, or make policy decisions without the Court's express permission.
The Bench further ordered that, for the time being, the Board's functioning would remain under the administration and supervision of the Joint Secretary of the State government dealing with Waqf matters.
The matter has been listed for further hearing.
A detailed order is awaited.
Case Details
Case Title: Assembly of Christian Trust Services (ACTS) v. State of Kerala and Others and Connected Cases
Case Number: WP(PIL) No. 135 of 2026 and connected cases
Judges: Chief Justice Soumen Sen and Justice Syam Kumar V.M.
Decision Date: July 15, 2026
