Kerala Waqf Board Moves Supreme Court Against HC Curbs On Decision-Making Powers

New Delhi, July 17, 2026: The Kerala Waqf Board has approached the Supreme Court against a Kerala High Court order that restrained it from taking any major decisions, incurring capital expenditure or making policy decisions until the High Court decides a batch of petitions challenging the board's composition.

The appeal was mentioned before a Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana for an urgent hearing. The Chief Justice agreed to list the matter on Monday, July 20, Bar & Bench reports.

High Court Questions Board Composition

The interim order was passed on July 15 by a Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM while hearing a batch of Public Interest Litigation (PIL) petitions challenging the constitution of the present Kerala Waqf Board.

The High Court observed that the board's existing composition prima facie appeared to be contrary to Section 14 of the Waqf (Amendment) Act, 2025, which mandates that every State Waqf Board must include at least two non-Muslim members.

Pending a final decision, the court directed that the board should not take any major decisions, incur capital expenditure or make policy decisions without its express permission.

The court also ordered that, for the time being, the board would function under the administration and supervision of the Joint Secretary of the Kerala government dealing with Waqf matters.

The interim directions reflect the court's view that maintaining the status quo is necessary until the legality of the board's composition is examined in detail.

Petitions Challenge Compliance

The petitions before the High Court were filed by BJP State Vice President Shone George, the Assembly of Christian Trust Services (ACTS), and retired Indian Army Junior Warrant Officer and former Kerala government Under Secretary Stalin VM.

The petitioners argued that the Kerala Waqf Board had failed to appoint the mandatory two non-Muslim members as required under the Waqf (Amendment) Act, 2025, making its functioning unconstitutional.

The amendment, which came into force on April 8 last year, introduced the requirement under Section 14(1) that every State Waqf Board must have at least two non-Muslim members, excluding ex officio members.

While hearing challenges to the amendment, the Supreme Court did not stay this provision. Instead, it fixed an upper limit of three non-Muslim members on State Waqf Boards.

According to George's PIL, the Kerala government deliberately ignored the statutory requirement by constituting a board comprising only Muslim members.

ACTS, in its petition, also challenged the board's decision to upload details of the disputed Munambam land to the UMEED Portal, a centralised digital platform containing details of waqf properties.

Meanwhile, Stalin questioned the continuation of former CPI(M) MLA Kunhammed Kutty Master in a Waqf Board seat reserved for an MLA even after he ceased to be a legislator following the 2026 Assembly elections.

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Supreme Court Hearing Monday

The Supreme Court is now set to hear the Kerala Waqf Board's challenge to the High Court's interim order on Monday, July 20. Its decision could determine whether the restrictions on the board remain in force while the dispute over its composition continues before the High Court.

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