High Court ends comptroller vacancy fight
Justices ruled the incoming Knesset must decide the next auditor, ordering the current speaker to pay costs for his delay.
By Natalie Castro ·
The High Court of Justice dismissed a petition on Tuesday that sought to force Knesset Speaker Amir Ohana to hold a new vote for the state comptroller. The court found that Ohana breached its earlier order by failing to schedule the vote, but it decided the timing favored the incoming parliament.
Israel has operated without a state comptroller for four months since Matanyahu Englman’s term expired in early July. This vacancy has stalled dozens of audit reports and blocked the issuance of protection orders for whistleblowers. The comptroller’s office stated that while audit teams continue their fieldwork, they cannot finalize reports or start new investigations.
The court ordered Ohana and the Knesset to pay petitioner Yaron Gadot NIS 10,000 in legal costs. The ruling, written by Justice Ruth Ronnen, emphasized that dismissing the petition did not condone the speaker’s conduct. Ronnen noted that the duty to obey court judgments is a fundamental condition of a democratic system.
The dispute began after a June 3 vote where neither candidate received the required 61 votes in the first round. Attorney Michael Rabello won the second round 61-57, but the High Court annulled that result on July 2. The court found that five Likud lawmakers and one Shas MK violated ballot secrecy by filming or displaying their votes.
Ohana argued that the statutory timetable did not apply to this exceptional situation and that the next Knesset should make the choice. He claimed the upcoming general election made the timing unsuitable for the outgoing members. The Knesset legal adviser, Sagit Afik, disagreed, stating that the ruling must be implemented as soon as possible despite practical difficulties near an election.
The court concluded that the outgoing Knesset should not make a consequential appointment after voters elected its replacement. The judgment left it to the new parliament to decide whether to resume the contest between Rabello and retired Supreme Court justice Yosef Elron or start the process over. The incoming Knesset is scheduled to convene on November 10.
Source: The Jerusalem Post
