The Kerala Government has approached the Supreme Court against a recent order of the Kerala High Court that restrained the Kerala State Waqf Board from taking major policy and administrative decisions until the legality of its constitution is adjudicated.
The appeal assails the High Court’s interim direction, which prohibits the Board from making significant policy decisions, incurring capital expenditure or undertaking major administrative actions without the court’s permission while a batch of petitions questioning the Board’s composition remains pending.
The High Court had passed the interim order after observing, at a prima facie stage, that the present constitution of the Waqf Board appeared to be inconsistent with the statutory requirements governing its composition. The challenge before the High Court alleges that the Board was constituted without complying with the mandatory representation contemplated under the applicable provisions of the Waqf law.
In its petition before the apex court, the State Government has argued that the High Court’s order has effectively paralysed the functioning of a statutory body entrusted with the administration of waqf properties across Kerala. It contends that preventing the Board from taking important decisions has serious administrative consequences and hampers the discharge of its statutory responsibilities.
The State has urged the Supreme Court to set aside the interim directions, contending that the restrictions imposed by the High Court are disproportionate and unwarranted at the interlocutory stage, particularly when the challenge to the Board’s constitution is yet to be finally decided.
The Supreme Court has agreed to examine the matter and is expected to hear the challenge shortly. The outcome of the proceedings will determine whether the interim restrictions on the Kerala State Waqf Board will continue pending adjudication of the petitions before the High Court.
The post Kerala Government challenges High Court’s interim curbs on State Waqf Board before Supreme Court appeared first on India Legal.