Kerala High Court: Declines Waqf Board Reconstitution Stay

• The Kerala High Court refused to grant an interim stay on the state government's decision to reconstitute the Kerala State Waqf Board.
• The court's decision was based on the fact that the newly appointed board members have already assumed office.
• Former chairperson KS Hamza and former member CK Usman Haji challenged the government's notification in cases including *CK Usman Haji v Union of India & ors*.
• A single judge had previously found no prima facie conflict with prior orders and referred the petitions to the division bench.
• The High Court has directed appellants to serve notice on the new board members, with the next hearing scheduled for October 29.

The court's refusal to grant the requested relief was predicated on the fact that the government's notification had already been implemented and the new board was actively in office.

The Kerala High Court recently declined to issue an interim stay on the state government's decision to reconstitute the Kerala State Waqf Board. This significant ruling, delivered by a bench comprising Justice Devan Ramachandran and Justice Basant Balaji, means that the newly appointed board members, who have already assumed their official duties, will continue to function without immediate interruption. The court's refusal to grant the requested relief was predicated on the fact that the government's notification had already been implemented and the new board was actively in office.

The bench was specifically reviewing appeals that contested a prior order from a single judge, which had similarly refused to halt the government's notification regarding the nomination of new members to the board. During the proceedings, the Advocate General informed the court that the impugned notification had indeed taken effect, and the new Waqf Board was operational. Justice Ramachandran, reflecting the bench's stance, conveyed their inability to accede to the request for interim relief given these circumstances.

The legal challenge against the reconstitution of the Kerala State Waqf Board was brought forward by KS Hamza, the former chairperson, and CK Usman Haji, a former member of the board. Their petitions, including the case *CK Usman Haji v Union of India & ors*, sought to overturn the government's decision to nominate new members. These appeals were directed against an earlier ruling by a single judge who had, after a preliminary review, found no apparent conflict between the government's reconstitution efforts and previous Division Bench orders concerning the board's composition.

Following this initial assessment, the single judge had referred both petitions to the division bench. This referral was made to allow for a more comprehensive consideration of the broader legal issues implicated in the matter, particularly as the division bench was already engaged with related public interest litigations concerning the composition of the Waqf Board. The appellants' current plea for an interim stay was an attempt to pause the new board's activities while these substantive legal questions are being deliberated.

The High Court's decision to deny interim relief carries immediate implications for the administration of Waqf properties in Kerala. It confirms that the newly constituted Kerala State Waqf Board is currently in full operation, and its decisions and actions are legally binding. This outcome is crucial for stakeholders, as it clarifies the legitimate authority overseeing Waqf affairs in the state during the pendency of the legal challenge.

Looking ahead, the court has issued a directive for the appellants to serve proper notice on all the newly appointed board members, ensuring their awareness of the ongoing legal proceedings. The matter has been scheduled for further consideration on October 29. This upcoming hearing will provide an opportunity for a deeper examination of the merits of the challenge against the government's reconstitution notification, but without any immediate suspension of the board's functions. The legal process will continue to unfold, but the board's operational status remains secure for now.

Lawyers advising on matters related to the Kerala State Waqf Board should note that the newly constituted board is currently in office and its decisions are operative, as the High Court refused to grant an interim stay. Practitioners should monitor the ongoing legal challenge for potential future changes to the board's composition or authority.

Source: Original reporting via legal news sources