New Delhi: Amid reports that the Kerala government is considering dissolving the Kerala State Waqf Board, the Board has made a crucial move by approaching the Supreme Court.

The Board has filed an application seeking to implead itself in a case filed by the Tamil Nadu Waqf Board pending before the Supreme Court. The application was filed after Kerala Waqf Board Chairman K.S. Hamsa held discussions with legal experts in Delhi.

The Tamil Nadu case before the Supreme Court raises the legal question of whether the powers and functioning of a Waqf Board can be restricted on the ground that there are vacancies in the Board or that it has not been fully constituted. The impleadment application filed on behalf of the Kerala Waqf Board by advocate Subhash Chandran K.R. points out that the same legal issue directly affects the Kerala Waqf Board as well.

In January, the Madras High Court had restrained the functioning of the Tamil Nadu State Waqf Board, holding that its composition was incomplete. The Tamil Nadu Waqf Board subsequently approached the Supreme Court and obtained a stay on the Madras High Court's order. As a result, the Tamil Nadu Waqf Board was able to resume its functioning pending a final decision on the larger legal issue.

On July 15, 2026, the Kerala High Court passed an interim order restraining the Kerala State Waqf Board from taking policy decisions and incurring capital expenditure, citing the incomplete constitution of the Board. The court also directed that the Board should function temporarily under the supervision of the Joint Secretary in the State Government dealing with Waqf matters. The Supreme Court, however, subsequently removed the direction requiring the Board to function under the supervision of the Joint Secretary.

The Kerala Waqf Board contends that under Section 22 of the Waqf Act, 1995, the mere existence of vacancies among Board members does not invalidate the actions of the Board. The application points out that the Board can have a maximum of 11 members and that the law does not require all members to be nominated simultaneously. The Kerala Board also submits that the power to dissolve a Waqf Board rests with the State Government under Section 99 of the Act, and that specific procedures and safeguards have to be followed before such a step can be taken.

‘No allegations, only efficiency’: Kerala Waqf Board cites 100% Waqf property registration

In its application before the Supreme Court, the Kerala Waqf Board has stated that neither its Chairman nor its members face any allegations in connection with the functioning of the Board. The Board maintains that the restrictions were not imposed citing any lapse or irregularity in its functioning, but stemmed from a technical issue concerning vacancies among its members. The application further points out that Kerala is the only Waqf Board in the country to have completed 100% registration of Waqf properties in the State under the Waqf Act, 2025. The Board says this achievement was accomplished in compliance with the directions issued earlier by the Supreme Court.

The Board has also informed the Supreme Court that there are more than 89,000 Waqf properties in the State, while over 600 cases are pending before the Waqf Tribunal and more than 500 cases before the Kerala High Court. Around 200 cases are taken up every week during the Board's judicial sittings, the application states, adding that adalats are also being conducted to take up a large number of cases.