Thiruvananthapuram, Oct 17 The Keralam government has reconstituted the State Waqf Board with IUML leader M C Mayin Haji as chairman, dissolving the previous board less than seven months after its formation, and the Kerala High Court on Saturday refused to stay the move.
The government issued an order on Friday dissolving the previous board headed by KS Hamsa, which was constituted in March this year by the previous LDF government, and appointed a new nine-member committee despite more than four years remaining in its tenure.
Hamsa challenged the decision in the Kerala High Court, which held a special sitting to hear the petition and refused to stay the board’s reconstitution.
According to officials in the Kerala State Waqf Board, Mayin Haji, state vice-president of the Indian Union Muslim League (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 decision came while a petition filed by former chairman Hamsa challenging the reconstitution of the Waqf Board was pending before the Kerala High Court.
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 per 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 Centre and disputes over the administration and protection of Waqf properties.
Meanwhile, the Kerala High Court single-judge bench of Justice S Manu heard Hamsa’s petition challenging the government’s decision in a special sitting on Saturday evening.
In his petition, Hamsa challenged the government’s decision to supersede the earlier orders appointing the board’s chairperson and members and replace them with new appointments.
The petition pointed out that three public interest litigations had been filed before the High Court, primarily challenging the absence of members from the non-Muslim and Shia communities on the board.
A Division Bench, while considering those petitions, had issued an interim direction restraining the board from taking policy decisions or incurring capital expenditure without the court’s permission.
It had also directed that the board function under the supervision of the state government’s Joint Secretary dealing with Waqf matters, the petition said.
Hamsa contended that the government issued the fresh order in violation of the court’s directions and failed to fill existing vacancies as directed.
He also argued that the government had no authority under the law to supersede the earlier order appointing the chairperson and members. The petition described the decision as arbitrary and unreasonable and sought to have it set aside.
After hearing counsel for the petitioner and the state government, the court observed that no case has been made out to pass a stringent interim order staying the reconstitution.
“Hence the request to stay the operation of reconstitution is rejected,” the court ordered.
The court also referred the matter to the Division Bench which is considering the connected cases.
Earlier in the day, Waqf Minister N Samsudheen said that the previous government reorganised the Board.
However, two or three cases were brought before the High Court, alleging that the organisation was not conducted properly, and those 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.
Haji and six other members appointed by the Keralam government assumed office later in the day.
Speaking to reporters after assuming 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 has 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 will 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 were not considered for the reconstituted board, Haji said it was for the authority that appointed the members to decide.
(PTI News)
