Kerala High Court declines to stay the order reconstituting the State Waqf Board with nine new members

17 October 2026

Justice S. Manu of the Kerala High Court refused to stay a State Government order of October 16 that reconstituted the Kerala State Waqf Board and appointed nine new members. The order came in WP(C) Nos. 36037 and 36041 of 2026, filed by K.S. Hazma, a former Chairperson of the Board, and C.K. Usman Haji, a former member. The court directed that the reconstitution shall be subject to the outcome of the writ petitions and issued notice to the newly appointed Chairperson and members. At the prima facie stage the judge recorded that he found no merit in the petitioners' submission that the reconstitution breached earlier Division Bench orders. The court relied on the Supreme Court decision in State of Maharashtra v. Shaikh Mahemud for the position that the power to appoint Board members carries with it the power to cancel those appointments. Both petitions were referred to the Division Bench already hearing related public interest litigation. The petitioners had invoked Sections 14(1)(b)(i), 14(1)(f), 14(6), 20 and 99(1) of the Waqf Act.