Kerala High Court Restricts State Waqf Board Decision-Making Powers

The Kerala High Court on Wednesday stripped the state Waqf Board of its administrative autonomy, prohibiting the body from executing major decisions without judicial clearance.

The interim order was delivered by a division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M during the hearing of multiple public interest litigations challenging the board’s current composition.

Interim Administration And Financial Curbs

Under the court’s temporary directions, the board must operate under the administrative control of the state government’s joint secretary responsible for Waqf matters.

According to a senior advocate associated with the case, the bench also prohibited the board from incurring any capital expenditures or enacting policy changes without the express permission of the court. Additionally, the state government was ordered to appoint its representative to the board in strict accordance with the United Waqf Management, Empowerment, Efficiency and Development Act.

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Allegations Of Non-Compliance

The high court issued these directives in response to several public interest litigations, including one filed by BJP leader Shone George. The petitions allege that the current functioning of the Waqf Board is illegal.

Specifically, the challengers argue that the board’s setup violates statutory guidelines because it lacks two non-Muslim members, which they state is a mandatory requirement under the governing United Waqf Management, Empowerment, Efficiency and Development Act.

The court has scheduled the next hearing on the matter for July 22.

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