Thiruvananthapuram: A single-judge bench of the Kerala High Court on Saturday refused to stay the reconstitution of the state Waqf Board. The state government had reconstituted the Board with Indian Union Muslim League (IUML) leader M C Mayin Haji as chairman, dissolving the previous board under K S Hamsa less than seven months after its formation.
The reconstitution of the Board was challenged at the High Court by Hamsa. Refusing to stay the reorganisation, the single judge bench of S Manu also referred the matter to a division bench hearing related cases.
The government issued an order on Friday dissolving the previous board, which was constituted in March this year by the previous Left Democratic Front (LDF) government. It appointed a new nine-member committee despite more than four years remaining in the previous board’s tenure.
According to officials in the Kerala State Waqf Board, Mayin Haji, state vice-president of the IUML, has served as a board member in the past.
The other appointed members are IUML leader and MLA Kurukkoli Moideen, Musthafal Faizi, Siras D Capsi, Thodiyoor Muhammed Kunju Maulavi, Sajna Firoz, Jaseem Sabaha, Dr Abdul Majeed Swalahi and C Madina Begham.
The reconstitution has drawn attention due to the absence of representation for the A P Sunni faction led by Kanthapuram A P Aboobacker Musliyar, while representatives of the Mujahid faction have been included on the board.
The government has not appointed two non-Muslim members as required under the amended Waqf law, pending a final verdict in a case before the Supreme Court, officials said.
The reconstitution comes amid continuing protests against amendments to the Waqf law introduced by the Union government and disputes over the administration and protection of Waqf properties.
Waqf Minister N Samsudheen said the previous government had reorganised the board.
However, two or three cases were brought before the High Court alleging that the reorganisation had not been conducted properly, and those cases have now been reopened, he said.
“As part of the case, when the court asked us to do so, the Waqf Board was reconstituted by exercising that authority available to the government. People from all sections were included in it," Samsudheen said.
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Haji and six other members appointed by the Keralam government assumed office later in the day.
Speaking to reporters after taking charge, Haji said resolving disputes within the community and protecting Waqf properties would be among the board’s priorities.
“Cases involve disputes between sections of the community, and the primary issue is how they can be resolved amicably. Another major concern is ensuring that Waqf properties are not lost. Every measure will be taken to ensure that not a single property is lost,” he said.
“We will examine all details of Waqf properties that have been lost and recover whatever can be recovered,” he added.
Asked about the Munnambam land dispute, in which several families are affected by the board’s claim over their land, Haji said he understood that the board’s role in the matter had ended.
“The authorities above the board, including the tribunal, the High Court and other judicial bodies, are now required to resolve these matters and take decisions. That is my understanding,” he said.
Asked whether the new board would follow the positions taken by its predecessors, Haji said it could not completely distance itself from their decisions.
“We cannot stand apart from the decisions that all former boards have taken,” he said.
Regarding allegations that representatives from some sections of the community had not been considered for the reconstituted board, Haji said it was for the authority that appointed the members to decide the matter.
(With inputs from PTI)
