Keralam’s move to reconstitute Waqf Board challenged in High Court

Kerala State Waqf Board Chairman K.S. Hamza and Board member A.A. Rahim, MP, have approached the Kerala High Court challenging the government’s move to reconstitute the Board.

The Division Bench of Chief Justice Soumen Sen and Justice V.M. Syam Kumar clarified to the petitioners that the court had previously issued directions only for the Board to remain functional. The Bench asserted that if there were any issues after reconstitution, then it could be challenged before the appropriate authorities.

The affidavit filed by the Board members said that the vacancy of two members was not a sufficient reason to invalidate the Board. The functioning of the Board could not be invalidated owing to a few discrepancies either, they said.

They sought to block the reconstitution, saying that the previous government had nominated nine qualified members to the 11-member Board. The plea sought directions to the State not to remove any current Board members under the guise of reconstitution.

The court was considering a batch of petitions challenging the State’s alleged failure to fill the vacancies of two non-Muslim members on the Board and the lack of representation of communities such as Shia, Bohra, and Aghakhani.

The court subsequently directed the State to file an affidavit regarding the reconstitution within a week.