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The petition was rejected against MK Gadi Jibrakan | Israel today

2020-01-19T16:28:00.246Z


political


Barrier removed from Knesset Member's move from white to Likud • Central Election Commission rejected petition: "Did not act contrary to the previous faction's proposal"

Knesset Speaker of the Central Knesset, Justice Neil Handel, rejected the petition against MK Gadi Jibrakan on Sunday, thus paving Jibrakan's way of running for the next party elections.

In his decision, Handel wrote: "The answer to the applicant's claim is found in section 40 of the Basic Law, which defines the term 'Knesset Member's resignation'. The resignation will be the personal submission of a resignation letter by the resignation to the Speaker of the Knesset." The applicant did submit the resignation letter from the Knesset before the Likud list was submitted. Although Article 41, entitled "Results of Resignation", shows that membership in the Knesset only ceases 48 hours later.

"But this should not detract from the fact that the resignation file establishes the resignation, whatever its consequences. Of course, if the applicant had resigned from the resignation before 48 hours had passed - which he did not do - he could have applied for the matter; And not for the reason that, formally, he did not resign from the Knesset.

"For the sake of refinement, we will add that the applicant's position in the circumstances of the concrete case, in which the resignation preceded the submission of the Likud list, is also inconsistent with the purpose of the arrangement set out in the Basic Law. As explained ..., the purpose of the arrangement is to" reduce the possibility that a Knesset member is selected as part of a particular candidate list. He will quit his campaign along with the mandate given by the electorate to the list from which he withdrew, and act in the Knesset in a manner contrary to the faction and the position of the faction, while thwarting the will of the voter. The meaning of the phrase "near post-retirement" should be interpreted in light of this purpose in the circumstances of our case as well, the respondent does not act in the Knesset in a manner contrary to the proposition of a blue and white faction, "Handel wrote.

Attorney Shachar Ben Meir has filed a petition to the Central Election Commission against MK Gadi Jibrakan, Likud, Blue and White, the Tel Aviv Party, stating that MK Gadi Jibrakan's listing as a candidate on the Likud's candidate list is "null and void."

Source: israelhayom

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