Dispute between the legal adviser to the government and the legal adviser to the Knesset:
The chairman of the Central Elections Committee Judge Yitzhak Amit and the legal adviser to the government Gali Beharev Miara submitted to the Supreme Court their position that the appeal filed by Amichai Shikli and the Likud against Judge Amit's decision to disqualify him from running in the elections on the Likud list should be rejected Earlier, Knesset legal advisor Sagit Afek submitted that Shiki should be allowed to run in the elections on the Likud list.
The chairman of the election committee, Judge Yitzhak Amit, wrote in the decision to disqualify Shikli that, in accordance with the law, since the Yamina party declared Shikli a "retiring MK" then "he cannot be seen as someone who resigned close to his retirement, and is therefore ineligible to be included in the Likud list."
Judge Yitzhak Amit, photo: Oren Ben Hakon
In relation to this determination, the legal advisor to the Knesset believed in her response that Shikli's appeal against Judge Amit's decision should be accepted and he should be allowed to run for the Knesset.
"Not without hesitation in examining the flaws in Shikli's conduct vis-a-vis the right of appeal and the judicial doubt that led to the appeal at the time, the balance should be decided in favor of the appellant" he wrote in response to Alion.
On the other hand, the legal advisor to the government Gali Beharev Miara supported Judge Amit's position that Shikli's candidacy should be disqualified and wrote that "the Basic Law stipulates that a person who withdrew from his party, and did not immediately resign from his position in the Knesset, will not be allowed to be included in the list of candidates submitted by a party represented in the outgoing Knesset. There is no dispute that the appellant withdrew from his faction - as the Knesset committee determined. It is also no dispute that the appellant filed his appeal with
the district court only after about seven weeks had passed, and in the end he resigned from his position only 80 days after the Knesset committee's decision as stated above, and during that time he acted in the Knesset contrary to the position of his faction ".
The ombudsman in Harev-Miara, photo: Gideon Markovitch
Regarding MK Shikli's claim that he did not rely on the district court's decision in his case, the prosecutor, Beharev Miara, wrote that "as the district court confirmed in the decision on the request to amend the protocol, the Knesset committee's attorney clarified already during the hearing in the district court that "the position of the consultation The law of the Knesset does not bind the Central Election Committee to the Knesset, which may discuss this issue."
That is, both the Knesset and the district court (through its decision on the request to amend the minutes, p.s.), on which the appellant builds a barrage of arguments, made it clear to the appellant that there is no determination by the competent authority regarding the existence of the proviso of resignation near retirement.
Today there will be two hearings on the petitions against the election committee in Elyon, which will be broadcast live.
At 14:00 in the afternoon the hearing will be held against the election committee's decision to disqualify the Balad party from running for the elections, a hearing which will be held by an expanded panel of nine judges led by President Ester Hayut.
Will you run in the elections?
Sami Abu Shahada, Chairman of the Board at the last discussion, photo: Oren Ben Hakon
Afterwards, at 4:30 p.m., the hearing will be held against the decision of the chairman of the election committee, Judge Yitzhak Amit, to declare MK Amichai Shikli a "retiring member of the Knesset", a decision which means that he will not be able to run as part of his armory on the Likud list, thus preventing him from running to the Knesset
This morning the president of the supreme court decided that this hearing will also be held with an expanded composition of judges chaired by her.
The debate will also deal with the petition of the Meretz party and the movement for the quality of government against the decision of the chairman of the election committee to allow MK Idit Silman to run for the Knesset.
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