Kerala HC denies stay on government order reconstituting State Waqf Board

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The Kerala High Court has refused to stay the reconstitution of the Kerala State Waqf Board by the State government.

The Single Bench of Justice S. Manu considered two petitions filed by former board chairperson K.S. Hamza and member C.K. Usman Haji seeking the immediate intervention of the court. The court held that the State government possessed the implied authority to cancel appointments made to the previous board. However, the court stated that 'formidable contentions' had been raised in the petitions and said that the reconstitution order would be subject to the outcome of the petitions before it.

Mr. Haji argued that the nomination of nine out of the 11-member board was challenged in a batch of public interest litigation (PIL) petitions and they were pending before a Division Bench. He pointed out that the Division Bench had issued orders finding prima facie that the previous Waqf board's constitution was not in tune with the United Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 2025.

He further argued that the State government was not authorised to reconstitute the board; it was only allowed to reconstitute after meeting specific conditions mentioned under the UMEED Act, and after allowing time for the board to show cause why it should not be superseded. He argued that the State government’s reconstitution order violated the governing law and should not remain in force.

Mr. Hamza alleged that the government order reconstituting the board was violative of a previous High Court directive to fill the vacancies on the previous board. He alleged that the government’s move contradicted its undertaking before the High Court that it would fill the vacancies in accordance with the UMEED Act.

Mr. Hamza argued that the State government was not authorised to supersede an earlier government order appointing the chairperson and members of the board, whose term was for five years. He had been appointed as chairperson on March 13, 2026.

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