Knitted news06.10.22 11:14 11 in Tishrei Tishpag
Noam Revkin Fenton/Flash90
Ahead of the High Court of Justice hearing today (Thursday) at 4:30 p.m. regarding the disqualification of his candidacy from running on the Likud list of Amichai Shikli, there is a dispute between the legal advisor to the government Beharev Miara and the legal advisor to the Knesset Sagit Ofek.
The Knesset’s legal advisor Sagit Afik thinks that Shikili should be allowed to run in Likud and said: “Not without hesitation in examining the flaws that fell in Shikili’s conduct vis-à-vis the right of appeal and the legal doubt that led to the appeal at the right time, the balance should be decided in favor of the appellant.”
The position of the Knesset ombudsman is that in order for the resignation to be close to retirement, as a general rule, a member of the Knesset who wishes to resign or appeal is required to do so within a short period of time, otherwise he risks having the election committee examine the date of his resignation, and his activities in the interim period.
In this case, explains the legal advisor to the Knesset, MK Shikli’s appeal was filed a considerable period of time after the Knesset committee’s decision, and therefore there is reason for a flaw in his conduct. On the other hand, the Knesset law that grants the right of appeal does not specify the period of time that the member of Knesset must submit his appeal. The appellant He submitted his appeal as a civil appeal within the time frame set for him and in the district court he also treated the appeal as a civil appeal, and managed it accordingly.
Also at the hearing in the district court, the Knesset counsel stated that, considering the flaws in the appellant’s conduct vis-a-vis the right of appeal granted to him by law, and the existing judicial doubt. And in order to align for the future, it will be possible to see his resignation a few days after the verdict, as an immediate resignation.
Its position is published today against the background of the conflicting position of Judge Amit, the chairman of the Central Elections Committee who invalidated his run, as well as the position of the Legal Adviser to the Government asking the Supreme Court to reject 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.
The legal advisor to the government, Beharev Miara, said: “Shikli should be disqualified, a fellow judge had the authority to act as he did.” Also, this morning it was announced the expansion of the panel of judges who will hear the appeal, so that instead of 3 judges, the hearing will be conducted with a full composition of 9 judges.
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