The Kerala High Court on Friday declined to stay the State government's October 16 order reconstituting the Kerala State Waqf Board, observing that the newly appointed board has already assumed office. A Division Bench of Justice Devan Ramachandran and Justice Basant Balaji was hearing appeals against a single bench's order that had also refused to stay the government notification nominating new members.

Source: Bar and Bench

The appeals were filed by K.S. Hamza, the former chairperson of the board, and C.K. Usman Haji, a former member. The October 16 order appointed nine new members and superseded two earlier government orders that had appointed the chairperson and members, according to LiveLaw. The single bench had made clear that the reconstitution would be subject to the outcome of the writ petitions and referred the petitions to the Division Bench, which is hearing related public interest litigations on the board's composition.

Source: LiveLaw

Why the Bench refused an interim stay

"We are afraid that we cannot accede to it. Because we are told by the AG that the impugned notification has been put into effect and the new Waqf Board has taken office," Justice Ramachandran said while refusing interim relief. The court issued notice to the members of the reconstituted board and posted the matter for further consideration on October 29.

The appellants have argued, according to Bar and Bench, that the government removed the existing members barely eight months into their statutory five-year tenure without following the procedure for removal and supersession prescribed under the amended Waqf Act (the UMEED Act). Advocate General K. Jaju Babu appeared for the State. These are the appellants' arguments in a pending case, not findings of the court.