Likud’s top internal court ruled that the party must deliver the proposal for reserved slots to members of its secretariat by 9:00 p.m. Monday, but the deadline passed without Prime Minister Benjamin Netanyahu, Likud’s chairman, publishing the list.
The Likud legal adviser will now be required to explain why a secret ballot should not be held without collecting signatures. The dispute comes against the backdrop of MK David Bitan’s petition challenging the reserved slot for Defense Minister Israel Katz.
Netanyahu had yet to publish either the list of candidates for reserved slots or the proposed resolution concerning them, as required by the court, by the time the deadline passed.
The ruling was issued earlier Monday after a petition filed by Bitan, who argued that the names of the candidates had not been published despite an earlier court decision requiring the proposed resolution to be provided to members of the secretariat at least 48 hours before the vote.
Court member attorney Yitzhak Bam warned in his ruling that publishing the proposal shortly before the vote “could be interpreted as an improper fait accompli.”
Bam ruled that if an orderly proposed resolution was not delivered to members of the secretariat by 9 p.m., the movement’s legal adviser would be required to explain why this should not be viewed as implied consent to holding a secret ballot in the secretariat without requiring signatures from 10% of its members.
Bitan sought a declaration in his petition that the reserved slot for Katz would come from the quota of reserved slots already approved for the prime minister under an amendment to the Likud constitution, rather than being added on top of that quota, as the court had ruled previously.
Bitan argues failure to publish list interferes with preparations for vote
He also argued that the failure to publish the names of the candidates for the reserved slots impaired the ability of secretariat members to prepare for the vote.
The court rejected Bitan’s request to cancel the reserved slots, saying that the issue of Katz’s reserved slot had already been considered and that there was no basis to reopen it.
“I believe there is res judicata and no reason to discuss the matter again,” Bam wrote. “The matter is subject to the discretion of the movement chairman, and I do not think it would be appropriate for the court to express an opinion on the matter.”
Netanyahu: Tuesday morning submission leaves enough time for review
Netanyahu said later on Monday that the slate will be submitted by Tuesday morning, which he claimed would leave enough time for review before the 10:00 p.m. deadline.
Regarding publication of the list, the court noted that Likud legal adviser Ilan Bombach had said the previous ruling could not be implemented as written because of the political situation.
The ruling stated, “The 48-hour period was intended to allow members of the secretariat to consider the matter, and even to demand a secret ballot if, in their view, this is justified.”
At the same time, the court clarified that it did not believe canceling the reserved slots was a remedy justified under the circumstances.
