Kochi : A high court division bench on Friday refused to stay govt order reconstituting the state waqf board while hearing appeals against a single bench order that referred the challenge to the reconstitution to the division bench.
They also argued that the notification violated an assurance given by the govt before the division bench hearing the PILs that it would only fill existing vacancies, including those of non-Muslim members and representatives of various Muslim communities, in accordance with Section 14 of the Waqf Act. The appellants contended that govt lacked the authority to reconstitute the board by replacing the existing panel. During the hearing, advocate general K Jaju Babu informed the court that the division bench hearing the PILs was already aware of the reconstitution. The state govt had itself filed an affidavit in the PILs stating its intention to reconstitute the board. An administrative meeting of the newly constituted board had also been convened in Ernakulam, the AG added.
On Friday, the division bench primarily considered the maintainability of the appeals against the single bench order referring the matter to the division bench.