The Kerala High Court has called upon the State government to respond to a Public Interest Litigation (PIL) filed by Shone George, the State Vice President of the Bharatiya Janata Party (BJP), contesting the constitution and operations of the Kerala State Waqf Board. The case in question is Shone George v. State of Kerala.
George’s PIL argues that the State government has neglected its statutory duty by failing to appoint two non-Muslim members to the Waqf Board, as mandated by the Waqf (Amendment) Act of 2025. According to the petitioner, this oversight renders the Board’s operations unconstitutional, thereby invalidating all its administrative, supervisory, and quasi-judicial actions.
A division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM has granted the Government Pleader time to obtain instructions and directed the State authorities to file their response at the next hearing date.
Legal Framework and Contentions
The PIL is rooted in Section 14(1) of the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, as amended in 2025. The amendment, effective from April 8 of the preceding year, mandates the inclusion of at least two non-Muslim members in the Waqf Board, apart from ex-officio members. While the Supreme Court has not stayed this provision, it has set a ceiling of three non-Muslim members on State Waqf Boards.
George asserts that the Kerala government has deliberately disregarded this legal requirement by appointing an all-Muslim Board, as per a Government Order dated February 4, 2026. The order promised future compliance by appointing the mandated two non-Muslim members, which the petitioner deems insufficient to rectify the current illegality.
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“As the Board is not constituted in accordance with statutory provisions, it fundamentally lacks jurisdiction. The Kerala State Waqf Board wields comprehensive administrative, supervisory, and quasi-judicial powers, including authority over management schemes, appointment or removal of mutawallis, and land acquisition. The formation of the Board, being defective and illegal, nullifies any order, decision, or proceeding it conducts,” the PIL contends.
George further argues that this illegal functioning has disrupted public order, especially in the Munambam waqf land dispute affecting over 600 families. The PIL accuses the State government of inaction despite having the authority under Sections 97 and 99 of the Waqf Act to issue binding directives or supersede a non-compliant Board.
Relief Sought
The PIL requests the Court to declare that the Kerala State Waqf Tribunal’s operations violate Section 14(1) of the amended Waqf Act and declare all decisions made by the current Waqf Board null and void. Additionally, it seeks an order compelling the State government to appoint the legally required two non-Muslim members to the Waqf Board immediately.
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The case is set for another hearing in two weeks. Shone George is represented by Senior Advocate Santhosh Mathew, along with a team of advocates including Shinto Mathew Abraham, Anil Sebastian Pulickel, and others.
