Christian Trust Seeks Judicial Intervention Against Kerala Waqf Board
The Assembly of Christian Trust Services (ACTS), a Christian public charitable trust, has filed a public interest litigation (PIL) in the Kerala High Court. The petition challenges the composition of the Kerala State Waqf Board and its decision to upload details of disputed land in Munambam onto the UMEED Portal. The case is officially titled Assembly of Christian Trust Services v. Union of India & Ors.
Allegations of Non-Compliance with the Waqf (Amendment) Act
ACTS argues that the current Waqf Board does not comply with the requirements set by the Waqf (Amendment) Act of 2025, which mandates the inclusion of at least two non-Muslim members on the Board, excluding ex-officio members. This amendment, effective since April 8 of last year, aims to ensure diverse representation within the Board. The Supreme Court, while addressing challenges to the 2025 Amendment Act, upheld this requirement but limited the number of non-Muslim members to three.
The trust claims that the Kerala government has ignored this statutory mandate by appointing an all-Muslim board, thereby rendering its decisions unconstitutional and potentially void. According to ACTS, the current board lacks representation from the Shia, Bohra, or Aghkhani communities and does not include an eminent Islamic scholar.
Controversial Upload of Munambam Land Details
The PIL also touches on the controversial issue of uploading property details to the UMEED (Unified Waqf Management, Empowerment, Efficiency, and Development) portal. Under Section 3B of the Waqf Act, waqfs registered prior to the 2025 Amendment must update their property details on the portal, a task typically reserved for the Muttawali, or custodian, of the waqf.
ACTS alleges that the improperly constituted Waqf Board overstepped its authority by uploading information about approximately 404 acres of contentious coastal land in Munambam Village. This land is home to over 600 families, primarily Latin Catholic Christians and Hindus, who could face displacement if the land is declared as waqf.
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Legal Relief Sought by ACTS
The trust seeks a court directive for the state government to promptly appoint a new Waqf Board in line with statutory requirements. Additionally, ACTS requests a legal declaration that any actions taken by the current board, including the upload of Munambam land details to the UMEED portal, are invalid. As an interim measure, ACTS seeks to suspend the operations of the State Waqf Board until it is properly reconstituted as per Section 14 of the 2025 Waqf Amendment Act.
The petition was filed by advocate Joseph Joy. The outcome of this legal challenge could have significant implications for the composition and functioning of the Waqf Board in Kerala.
