BJP state vice-president Shone George has moved the Kerala High Court through a Public Interest Litigation (PIL), alleging that the Kerala State Waqf Board is operating in violation of the amended Waqf law by failing to include mandatory non-Muslim members — a lapse that, he argues, renders all decisions taken by the Board legally void.

What the Petition Argues

George's PIL, filed before a Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar, contends that the Kerala government's Government Order dated 4 February 2026 appointed nine members to the Board — all Muslim — while deferring the appointment of the remaining two members to a later date. The petitioner argues that a promise of future compliance cannot legitimise the Board's present functioning.

The petition is grounded in Section 14(1) of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended with effect from 8 April 2025. The amended provision mandates the inclusion of at least two non-Muslim members in every State Waqf Board, excluding ex-officio members.

'The Board has been constituted contrary to the provisions of the statute and therefore lacks jurisdiction,' the plea states, arguing that all administrative, supervisory, and quasi-judicial decisions taken by the Board in its current form could be treated as null and void.

Scope of the Waqf Board's Powers

The petition underlines that the Waqf Board wields extensive authority — including supervision of Waqf properties, settlement of management schemes, and the appointment or removal of administrators. According to George, a Board that is not lawfully constituted cannot legitimately exercise such sweeping powers.

The PIL also raises the continuing Munambam Waqf land dispute, which involves more than 600 families, alleging that the Board's non-compliant composition has contributed to public unrest in the matter.

Court's Response and Next Steps

The Division Bench on Thursday sought the response of the state government and granted time to file its reply. The matter has been posted for further hearing after two weeks.

Notably, the Supreme Court, while examining broader challenges to the 2025 Waqf Amendment Act, had not stayed this specific requirement for non-Muslim members, though it placed an upper ceiling of three non-Muslim members in State Waqf Boards.

Relief Sought

George has sought a declaration that the Kerala Waqf Board is functioning in violation of the amended law, that its decisions in the present form are void, and that the state government be directed to immediately appoint the required two non-Muslim members to the Board.

The Kerala High Court's ruling on the petition is now closely watched, as it could set a precedent for Waqf administration across states and directly affect ongoing property disputes linked to Waqf assets in Kerala.