A fresh Public Interest Litigation (PIL) has been submitted to the Kerala High Court, questioning the current composition of the Kerala State Waqf Board. The case, titled Stalin VM alias Stalin Devan v State of Kerala & ors, specifically targets the ongoing membership of former CPI(M) MLA Kunhammed Kutty Master. The petitioner argues that Kunhammed Kutty’s continued role on the board violates the statutory provisions set out in the amended Waqf Act, as he lost his MLA status following the 2026 Kerala Assembly elections.
The PIL is brought forward by Stalin VM, a retired Junior Warrant Officer from the Indian Army and former under secretary with the Kerala government. This latest petition adds to the existing legal challenges against the State Waqf Board’s constitution. Previously, two other petitions were filed, one by BJP State Vice President Shone George and another by a Christian trust. These earlier petitions primarily criticized the absence of mandatory non-Muslim members and questioned the board’s activities related to the disputed Munambam land.
The current plea scrutinizes the nomination of Kunhammed Kutty to a board position reserved for MLAs under Section 14 (1)(b)(ii) of the amended Waqf Act. The petitioner points out that his nomination occurred just two months before his MLA term expired, with uncertain prospects of re-election. Despite losing his MLA status, Kutty has allegedly continued to serve on the board, a move that the petitioner claims contravenes the amended Waqf Act.
Stalin VM asserts his engagement in supporting residents and landowners involved in the Munambam land dispute. He emphasizes that his petition’s sole aim is to ensure the State Waqf Board’s composition adheres to the legal requirements. According to the petition, the 2025 amendments to the Waqf Act necessitated the inclusion of two non-Muslim members, representatives from diverse Muslim communities, and a nominee from the State Bar Council, among other specified categories.
However, the board as constituted by the February 4, 2026 notification reportedly fails to meet these stipulations and displays several deficiencies. The petitioner voices concern that the board continues to wield statutory powers, including decisions on the contentious Munambam land, despite these violations.
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The petition argues, “Since the respondent Board has been constituted in patent violation of the mandatory requirements governing its composition, it lacks jurisdiction to exercise the statutory powers vested in it. Consequently, every action, decision, proceeding, and order issued by the Board is rendered vulnerable to challenge for want of jurisdiction and is liable to be declared void and unenforceable in law.”
The petitioner seeks the court’s intervention to direct the reconstitution of the State Waqf Board, annul all decisions made to date by the board, and declare the former MLA’s continued membership unlawful. The PIL is filed through advocate Lakshmi Sreedhar.
