Kerala High Court Extends Waqf Board's Term Until Election Process Initiated By State Concludes

The Division Bench of Justice Amit Rawal and Justice Easwaran S ordered thus:

“we further issue a direction that the term of the elected body of the Board which is going to expire on 14.12.2024 shall continue till the election process initiated by the respondent/State is over. It is made clear that till such time, the Board shall continue to discharge the duties and deal with the pending matters, in accordance with law.”

The Court passed the above order extending the term of the waqf board in a writ petition filed by a member of the Hyderiyya Masjid Mahal Committee, which is registered with the Kerala waqf board.

The petitioner had approached the High Court stating that the term of the present elected body was over in April 2023 and they were continuing illegally. It was also stated that no steps have been taken to elect a new committee.

He has also filed an original petition before the waqf board for the appointment of a returning officer to conduct the election through secret ballot paper.

The Senior Government Pleader submitted before the Court that steps have been taken for the constitution of a new waqf board. The Court was informed that a Returning Officer has been appointed. It was also stated that the waqf board consists of 12 members, out of which 5 members are to be nominated and 7 members are to be elected. It was submitted before the Court that the election will take place in four months.

“On consideration of the plight of the petitioner as well as various other parties who are before the Wakf Board, either for framing of a scheme or with regard to the management of the Jama-ath, we are of the view that the impasse may not be permitted to continue”, added the Court while extending the tenure of the waqf board till the election is over.

Counsel for Petitioners: Advocates P E Sajal, Ajas K S, Muhammed Hisham T

Counsel for Respondents: Standing Counsel Jamsheed Hafiz

Case Number: WP(C) NO. 41900 OF 2024

Case Title: Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee

Citation: 2024 LiveLaw (Ker) 786

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