KOCHI: Kerala High Court on Wednesday restrained the Kerala State Waqf Board from taking any major decisions, incurring capital expenditure or any policy decisions until the court decides on the batch of petitions challenging the board’s constitution.
The order stated that, in view of the fact that two non-Muslim members have not been included in the Waqf Board, and considering the fact that one Shia member should also be included, the court held that the constitution of the Board prima facie appears to be not in conformity with the Section 14 of the Unified Waqf Management, Empowerment, Efficiency, and Development Act.
The petitioners argued that the Board was constituted by the state government without complying with the mandate of Section 14 of the Act.
They contended that two non-Muslims, one Shia and other backward classes among Muslim Community, one each from Bohra and Aghakhani communities which are to be nominated are not represented as per the notification issued by the government.
They further alleged that the persons, who are appointed representing various classes, were not fulfilling the necessary qualifications to represent a particular category.
The statement filed by the state government on July 14 said that taking note of the facts and infirmities, the state government is prepared to reconstitute the Board strictly in compliance with the mandate of Section 14 of the Act. The court will consider the cases on July 22.
