MALAPPURAM: Virtually accepting the amended central Waqf Act’s provision mandating non-Muslim members in the Waqf Board, the LDF-appointed Kerala State Waqf Board has told the Supreme Court that it is the state government’s responsibility to nominate them.
In its special leave petition (SLP) challenging the Kerala High Court’s interim order that effectively froze the functioning of the statutory body, the board told the apex court that the absence of two non-Muslim members and other pending nominees cannot be grounds to invalidate or reconstitute the board, as appointing them is solely the responsibility of the state government.
The government has no authority to reorganise or supersede the present board merely because those appointments have not yet been made, it said.
The petition assumes significance as the Board has, rather than challenging the validity of the amendment, argued that implementing the provision is the statutory responsibility of the state government and that any delay or failure on its part cannot be used to suspend or dismantle the existing body.
Some pro-CPM groups had blamed the UDF government for failing to oppose the provision mandating non-Muslim members in the Kerala High Court, alleging that it was toeing the BJP line.
Curbs have virtually paralysed functioning, board tells apex court
The stand taken by the LDF-appointed Waqf Board in the Supreme Court has now put those groups on the defensive.
The petition challenges the Kerala High Court’s July 15 interim order on a batch of petitions against the constitution of the present Board. The High Court had prima facie found that the nine-member board did not comply with Section 14(1) of the amended act, which mandates the inclusion of two non-Muslim members and a representative from the Shia community.
Pending further hearings, it barred the board from taking major policy decisions and ordered that its functioning be supervised by a government joint secretary.
Explaining the delay in filling the remaining vacancies, the board submitted that the appointment of the two non-Muslim members was held up by the assembly elections and the subsequent change of government in the state. It also said the nomination of the Bar Council representative, another statutory member, could not be completed as Council elections were under way.
The board also invoked Section 22 of the amended act, which states that none of its actions or proceedings become invalid merely because of vacancies or defects in its constitution. It argued that the High Court overlooked this statutory safeguard while issuing the interim directions.
Seeking an urgent stay on the HC order, the board told the Supreme Court that the restrictions have virtually paralysed its functioning. It said the board handles nearly 200 matters every week, while over 600 cases are pending before the Waqf Tribunal and around 500 before the HC.
The petition also said Kerala has completed the digital registration of more than 89,000 waqf properties under the UMEED portal, but the interim order has stalled several administrative initiatives, including a training programme for over 15,000 Mutawallis.
The board also cited the SC’s stay on similar restrictions imposed by the Madras High Court on the Tamil Nadu Waqf Board, seeking identical interim relief in the Kerala case.
The bench, headed by Chief Justice Surya Kant, has agreed to urgently list the petition and is expected to hear it on Tuesday.