Kerala Waqf Board Approaches Supreme Court Against High Court Curb On Major Policy Decisions

The Kerala Wakf Board has approached the Supreme Court challenging the Kerala High Court's recent order restraining the Board from taking major policy decisions.

Chief Justice of India Surya Kant today agreed to list the matter in the next week after it was mentioned for urgent listing.

Senior Advocate V Chitambaresh mentioned the matter before the bench also comprising Justices Bagchi and Mohana, saying that through an interim order without notice to the other side, the Board has been made virtually defunct.

Before the High Court writ petitioners had argued that two non-Muslim members have not been included in the Waqf Board. It was further contended that the Secretary appointed by the Government is not the Joint Secretary to the State Government dealing with Waqf matters, who is to be an ex officio member of the said Board.

The high court further noted that the Supreme Court, did not interdict Section 14 of the Waqf Act in its judgment dated 15th September, 2025.

"Having regard to the fact that non-Muslim members and one from Shia community have not been included in the Waqf Board, the constitution of the Board, prima facie, appears to be not in conformity with Section 14 of the Act of 1995...Under the circumstances, the present Board shall not take any policy decision or incur any capital expenditure without the express leave of this Court. The State must ensure that the representative of the Government is appointed in accordance with the provisions of the Act of 1995. The Board shall, for the time being, function under the supervision of the Joint Secretary to the State Government dealing with Waqf matters," the High court bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. had noted.

In a similar case earlier this year, the Supreme Court stayed the order of the Madras High Court while held that the Tamil Nadu Waqf Board cannot be allowed to exercise any powers and functions under the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

Before the High Court a challenge was made to the constitution of Waqf Board on the grounds that one out of two persons as mandated in Clause (d) of Section 14 of the Unified Waqf Management, empowerment, Efficiency and Development Act, 1995 had not been nominated; one Member of the Bar Council as mandated in Clause (f) of Section 14 has not been nominated and that the mandate of second proviso that two of the total members of the Bar appointed under Sub-section (1) of Section 14, excluding ex-officio Members, shall be non-Muslim had not been complied with.

Advocate General had submitted before the High Court that the constitution of the Wakf Board is almost complete as majority of the Members have already been nominated or appointed and as far as other Members are concerned, steps are being taken to complete the same.

"From a bare reading of the provisions, it is crystal clear that in order to complete the constitution of the Board under Section 14 of Act, there has to be at least two persons nominated under Clause (d) and one person nominated under Clause (f).....May be, in future, while appointing one out of two Members under Clause (d) and one under Clause (f), respondents may proceed to appoint two non-Muslims. The constitution of the Board as exists today, prima facie is not in accordance with the provisions of law," the Madras High Court's bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan had noted and accordingly held that the Board cannot be allowed to exercise any powers and functions under the Act and restrained it from exercising any powers and functions.

Mentioning Date: July 17, 2026

Bench: CJI Kant, Justice Bagchi and Justice Mohana