The Kerala government reconstituted the State Waqf Board under M C Mayin Haji. The High Court's refusal to stay the move leaves connected legal disputes pending.
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Kochi,Oct 17, 2026 22:46 IST
The Kerala government has reconstituted the State Waqf Board under IUML leader M C Mayin Haji, dissolving the previous board less than seven months after it was formed, news agency Press Trust of India reported. The Kerala High Court on Saturday refused to stay the reconstitution.
The government issued an order on Friday dissolving the board headed by K S Hamsa and appointing a new nine-member committee. The previous LDF government had constituted Hamsa's board in March, and more than four years of its tenure remained.
Hamsa challenged the decision in the High Court, which held a special sitting on Saturday evening to hear his petition. A single-judge Bench of Justice S Manu declined to stay the government's order and referred the matter to a Division Bench hearing related cases.
According to Kerala State Waqf Board officials who spoke to PTI, Mayin Haji is the state vice-president of the Indian Union Muslim League and has previously served as a board member.
The other members appointed to the board are IUML leader and MLA Kurukkoli Moideen, Musthafal Faizi, Siras D Capsi, Thodiyoor Muhammed Kunju Maulavi, Sajna Firoz, Jaseem Sabaha, Dr Abdul Majeed Swalahi and C Madina Begham.
The reconstitution has drawn attention because the board has no representative from the A P Sunni faction led by Kanthapuram A P Aboobacker Musliyar, while the Mujahid faction has been represented.
Officials told PTI that the government had not appointed two non-Muslim members as required under the amended Waqf law because a case on the matter is awaiting a final verdict from the Supreme Court. The reconstitution comes amid continuing protests against the Centre's amendments to the Waqf law and disputes over the management and protection of Waqf properties.
In his petition, Hamsa challenged the government's decision to cancel the earlier orders appointing the chairperson and members and replace them with fresh appointments. He said three public interest litigations had been filed in the High Court, mainly over the absence of members from the non-Muslim and Shia communities on the board.
A Division Bench hearing those petitions had temporarily barred the board from taking policy decisions or spending on major assets without the court's permission. It had also directed the board to function under the supervision of the state government's Joint Secretary dealing with Waqf matters, Hamsa's petition said.
Hamsa argued that the fresh order violated the court's directions and that the government had failed to fill existing vacancies as directed. He also contended that the government did not have the legal authority to cancel the earlier appointment order. Describing the decision as arbitrary and unreasonable, he asked the court to set it aside.
After hearing lawyers for Hamsa and the state government, the court said no case had been made out for a stringent interim order staying the reconstitution. “Hence the request to stay the operation of reconstitution is rejected,” it ordered.
Earlier on Saturday, Waqf Minister N Samsudheen said the previous government had reorganised the board, but two or three cases alleging that the process was not conducted properly were subsequently filed in the High Court and had now been reopened.
“As part of the case, when the court asked us to do so, the Waqf Board was reconstituted by exercising that authority available to the government. People from all sections were included in it,” Samsudheen said.
Haji and six other members appointed by the Kerala government assumed office later in the day. Speaking to reporters, Haji said resolving disputes within the community and protecting Waqf properties would be among the board's priorities.
“Cases involve disputes between sections of the community, and the primary issue is how they can be resolved amicably. Another major concern is ensuring that Waqf properties are not lost. Every measure will be taken to ensure that not a single property is lost,” he said.
“We will examine all details of Waqf properties that have been lost and recover whatever can be recovered,” Haji added.
Asked about the Munnambam land dispute, in which several families are affected by the board's claim over their land, Haji said he understood that the board's role in the matter had ended.
“The authorities above the board, including the tribunal, the High Court and other judicial bodies, are now required to resolve these matters and take decisions. That is my understanding,” he said.
Asked whether the new board would follow the positions taken by its predecessors, Haji said it could not completely distance itself from their decisions. “We cannot stand apart from the decisions that all former boards have taken,” he said.
On allegations that some sections of the community had not been considered for representation on the reconstituted board, Haji said the authority that appointed the members would have to decide the matter.
The new board has thus taken charge under Haji after the government dissolved Hamsa's board, while the legal challenge to the reconstitution will be considered by the Division Bench hearing the connected cases.
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