Kochi: The Kerala High Court on Wednesday directed the state government to take steps to fill three vacant posts in the Kerala State Waqf Board within six weeks.
The court, however, kept pending the broader legal challenge to the composition of the Board under the amended Waqf Act.
A Division Bench comprising Chief Justice Soumen Sen and Justice V.M. Syam Kumar passed the direction after Advocate General K. Jaju Babu informed the court that the government had already begun the process of filling the vacancies in accordance with the amended law.
The Bench said its immediate concern was to ensure the effective functioning of the Waqf Board, where three vacancies were undisputed. It adjourned the matter for six weeks to allow the government to complete the necessary steps.
The court clarified that it was not deciding at this stage whether the existing Board required reconstitution for allegedly failing to meet the requirements of the amended Waqf Act.
It also made clear that an earlier interim order had not stopped the present Board from continuing its functions.
The case has gained importance amid a series of public interest litigations challenging the Board’s composition. The petitions allege that the Board does not include non-Muslim members and representatives of certain communities as required under the amended legislation.
One of the petitions was filed by the Christian charitable organisation Assembly of Christian Trust Services. The organisation has challenged both the composition of the Board and its decision to upload details of the disputed Munambam land on the Centre’s UMEED portal.
ACTS argued that the move could affect Hindu and Christian families living in the area. It also questioned the Board’s authority to upload the details, claiming that the Waqf Act empowers the muttawali to complete the filing.
The organisation has further objected to the alleged exclusion of representatives of the Shia, Bohra and Aghakhani communities and sought a fresh government notification appointing Board members in accordance with the law.
In a separate petition, BJP leader Shone George sought the immediate appointment of two non-Muslim members. He also asked the court to declare that the Board was functioning in violation of Section 14(1) of the amended Waqf Act.
The petitions have also questioned the appointment of CPI(M) leader and former MLA Kunhammed Kutty Master to the Board.
During the previous hearing, the High Court had orally observed that there was no order preventing the state government from reconstituting the Board. It had also indicated that the government could appoint the statutorily required non-Muslim members to ensure the Board’s proper functioning.
However, the Bench did not examine the merits of those challenges in Wednesday’s proceedings.
The court said the alleged violations concerning the Board’s composition did not need to be considered at this stage. The government now has six weeks to fill the vacancies and decide its further course of action.
The next hearing is expected to be significant as the government will have to inform the court about the measures taken to fill the vacant posts, even as the legal challenge to the Board’s composition continues.
(Inputs from IANS)