KOCHI: The High Court on Saturday declined to stay the government order reconstituting the State Waqf Board with IUML leader M C Mayin Haji as chairman, dissolving the previous board less than seven months after its formation.
Justice S Manu passed the order while considering a petition filed by former Waqf Board chairman K S Hamsa challenging the fresh government order. The court held a special sitting on Saturday and heard the matter for around three hours.
The court held that no case has been made out for passing a stringent interim order staying the operation of the government order.
“Hence, the request to stay the operation of the order is rejected. Nevertheless, as formidable contentions that would require elaborate reflection have been raised in these writ petitions, I direct that the reconstitution of the Board shall be subject to the outcome of these writ petitions,” the single judge said.
The court observed that the issues arising for consideration were intricately linked to those raised in a public interest litigation and connected cases pending before a division bench. It, therefore, deemed it appropriate to exercise its powers under Section 3 of the Kerala High Court Act to adjourn the writ petitions for hearing and determination by the division bench.
The court noted that the division bench had not restrained the state government from taking steps to ensure that the constitution of the Board complied with the law.
By an order passed on September 14, the division bench had accepted the Advocate General’s request to adjourn the matter for two weeks to enable the government to complete the reconstitution process.
Additional Advocate General Muhammed Shah submitted that, while issuing the notification dated February 4, 2023, the government had not determined the representation of various Muslim communities, including Sunni, Shia, Bohra and other backward-class Muslim communities.
Following the division bench’s order, the government carried out a determination process and reconstituted the Board to provide representation to all classes of Muslims, he submitted.