A fresh Public Interest Litigation (PIL) has been filed before the Kerala High Court challenging the constitution of the Kerala State Waqf Board and seeking its reconstitution in accordance with the provisions of the amended Waqf Act. The petition questions the legality of the Government's nomination of several members to the Board and specifically challenges the continuation of former MLA Kunhammed Kutty Master as a member after he ceased to hold the legislative office on the basis of which he was nominated.
The petitioner, a retired public servant and former Junior Warrant Officer of the Indian Air Force, has approached the High Court in public interest, contending that the present composition of the State Waqf Board does not comply with the statutory requirements introduced through the amended Waqf Act. According to the petition, the constitution of the Board is contrary to the legislative mandate governing the composition and representation of its members.
One of the principal grounds raised in the PIL relates to the nomination of Kunhammed Kutty Master to a seat reserved for a sitting Member of the Legislative Assembly. The petition states that although he was nominated while serving as an MLA, his legislative tenure expired shortly thereafter following the Assembly elections. Despite no longer holding the office that formed the basis of his nomination, he continues to function as a member of the Waqf Board. The petitioner argues that once the qualifying status ceased to exist, his continuation in the Board became legally unsustainable.
The PIL further challenges the Government Order issued in February 2026 through which nine of the eleven members of the State Waqf Board were nominated. It is contended that the appointments were made without adhering to the mandatory requirements introduced by the amended Waqf Act. According to the petitioner, the amended law requires representation from different categories, including two non-Muslim members as well as representatives from various Muslim communities such as Shia, Sunni, Bohra, Aghakhani, and other backward classes. The petition alleges that these statutory requirements have not been fulfilled while constituting the present Board.
Apart from questioning the eligibility of specific members, the petition also raises objections regarding the inclusion of certain other nominees on the ground that their appointments allegedly do not satisfy the qualifications and representational requirements prescribed by law. It is contended that the composition of the Board must strictly conform to the statutory framework to ensure proper representation and lawful administration of Waqf institutions in the State.
On the basis of these allegations, the petitioner has sought a direction from the High Court requiring the State Government to reconstitute the Kerala State Waqf Board strictly in accordance with the provisions of the amended Waqf Act. The PIL also seeks the quashing of the Government Orders through which the present members were nominated, contending that the appointments suffer from legal infirmities and are therefore liable to be set aside.
In addition to challenging the constitution of the Board, the petitioner has sought consequential relief regarding the functioning of the existing body. The plea requests that all decisions taken by the present Waqf Board be set aside on the ground that they have been made by an allegedly improperly constituted statutory authority. As an interim measure, the petitioner has also sought an order restraining the present Board from exercising its statutory powers until the legality of its constitution is finally determined by the Court.
The filing of the present PIL assumes significance because similar petitions challenging the constitution and functioning of the Kerala State Waqf Board are already pending before the High Court. The fresh petition introduces additional grounds relating to the composition of the Board and the continued membership of persons who are alleged to have ceased to possess the statutory qualifications required for their nomination.
The case raises important questions regarding the interpretation and implementation of the amended Waqf Act, particularly concerning the mandatory representational requirements for constituting State Waqf Boards. The outcome of the proceedings is expected to clarify the extent to which governments must strictly comply with statutory provisions while making appointments to such bodies and whether the loss of an underlying qualification automatically affects the continuation of a nominated member.
The matter also highlights the broader principles governing appointments to statutory bodies. It underscores that members appointed to such institutions must continue to satisfy the qualifications prescribed by law throughout their tenure and that the composition of statutory authorities must faithfully reflect legislative intent. The Kerala High Court is expected to examine these issues in detail while considering the validity of the present constitution of the State Waqf Board and the reliefs sought in the Public Interest Litigation.
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