The Kerala High Court refused to stay the state government’s reconstitution of the Kerala State Waqf Board, holding that the authority to nominate members lies with the government under applicable statutes. The decision underscores executive discretion in religious minority institutions' administration.
Kerala HC Upholds Government's Reconstitution of Waqf Board
The Kerala High Court has declined to grant a stay on the state government's notification of October 16, 2026, reconstituting the Kerala State Waqf Board by replacing its existing members with nine newly nominated individuals. In a special sitting on October 17, Justice S Manu dismissed petitions challenging the move, including KS Hamza v State of Kerala & ors.
The Court examined whether the executive action violated statutory provisions governing the composition and appointment of Waqf Board members. It affirmed that the government possesses the authority under the Waqf Act, 1995—and its Kerala-specific rules—to nominate members to ensure effective administration. The Bench refrained from treating the reconstitution as arbitrary, recognizing the state’s responsibility to maintain functional oversight of waqf properties.
The ruling reaffirms the balance of power between statutory bodies and the executive in managing religious endowments. For legal practitioners, it highlights the limited scope of judicial intervention in administrative appointments under religious minority institutions unless mala fide or ultra vires is established. The decision may influence similar challenges in other states with parallel legal frameworks.
Citations
- KS Hamza v State of Kerala & ors
