The Kerala High Court has granted the state government a six-week deadline to fill all existing vacancies on the State Waqf Board, scheduling the next hearing in the matter for September 30.
Court Mandates Prompt Appointments
A division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M delivered the directive on Wednesday during proceedings on multiple public interest litigations. Among the filings is a petition by Bharatiya Janata Party leader Shone George, who asserted that the board is operating illegally because it lacks two non-Muslim members as required by statutory mandate.
In its order, the bench instructed state authorities to take swift measures to clear the remaining vacancies and make any further determinations necessary regarding the constitution of the statutory body. The court clarified, however, that it was not evaluating whether the board must undergo full reconstitution under the amended Waqf Act.
Supreme Court Review and Legal Arguments
Representing the state, Advocate General Jaju Babu informed the court that the appointment of non-Muslim representatives under Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act of 1995 is currently under consideration by the Supreme Court.
Demographic Assessment for Minority Representation
Addressing additional claims in the petitions regarding the absence of designated members from the Shia, Sunni, Bohra, Aghakhani, and backward class Muslim communities, the state government stated in an affidavit that such representation can only be assigned after verifying their population figures across the state.
To resolve this, the government confirmed that instructions have been given to the Chief Executive Officer of the State Waqf Board to conduct a detailed determination of the population totals for each respective community.
