Supreme Court Stays Madras HC's Order To Halt Tamil Nadu Waqf Board Over Non-Muslim Member Issue

Last Updated:February 19, 2026, 15:01 IST

The Madras High Court had ruled on January 8 that the Board’s constitution was not in accordance with the law, as it lacked two non-Muslim members.

The Supreme Court on Wednesday stayed a Madras High Court order that had restrained the Tamil Nadu Waqf Board from exercising its powers. The High Court had ruled on January 8 that the Board’s constitution was not in accordance with the law, as it lacked two non-Muslim members.

A Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, stayed the High Court order after a plea by the Waqf Board. CJI Kant said, “Of course the High Court is wrong. Madras High Court order rendering the board defunct is stayed. Doctrine of necessity has to function."

Senior Advocate P Wilson, representing the Board, said eight members had been appointed, leaving only three vacancies. The Court asked to be informed about the remaining appointments at the next hearing, stating, “Let us know on next date who can be these three members also."

The High Court had acted on a plea noting that one member under Clause (d) and one under Clause (f) of Section 14 of the 1995 Waqf Act were not nominated, including the non-Muslim members.

News india Supreme Court Stays Madras HC's Order To Halt Tamil Nadu Waqf Board Over Non-Muslim Member Issue

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