The Kerala government and the Kerala Waqf Board have approached the Supreme Court challenging an interim Kerala High Court order that restrained the board from taking major decisions. The challenge is listed for hearing on Monday, July 20, before a Supreme Court bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V Mohana.
On July 15, a Division Bench of the Kerala High Court, led by Chief Justice Soumen Sen and Justice Syam Kumar VM, was hearing multiple public interest petitions contesting the board’s composition. The High Court noted that the existing composition appears to be contrary to Section 14 of the Waqf (Amendment) Act, 2025, which requires State Waqf Boards to include at least two non-Muslim members. Pending the final outcome, the High Court directed the board not to take major decisions, incur capital expenditure, or make policy decisions without the High Court’s express permission.
The interim order also places the board under the administration and supervision of the Kerala government’s Joint Secretary dealing with Waqf matters. The petitions argue the board has not appointed the mandatory non-Muslim members and raise related concerns about certain actions involving disputed Munambam land and about the continuation of a former MLA in a reserved seat. A Supreme Court decision in a related context has not stayed the Section 14 requirement, and it has set an upper limit of three non-Muslim members on State Waqf Boards.
