A blow to Netanyahu: The court rejected the petition — incumbent MKs will not run in the districts

The Tel Aviv-Yafo District Court rejected today, Monday, the petition of Knesset member Afif Amin Abed, who sought to overturn the ruling of the Likud Supreme Court and allow Knesset members and ministers, both incumbent and former, to run in the districts in the party's primaries.

Judge Yaakov Shaked accepted some of Abed's fundamental arguments, ruling that the decision on whether to allow running in the districts is a matter of party policy, in which weight should be given to the will of the conference members. However, it was determined that the flaws found in the voting and counting process justify not interfering with the result reached by the tribunal.

The affair began at the Likud conference held on July 27, when a proposal to allow Knesset members and ministers to run in the districts was approved by a narrow margin of only five votes. During the day of the vote, a text message was sent on behalf of the movement's management calling to support the proposal, and at the same time, there was a delay of several hours in placing observers.

Following the result, petitions were filed with the Likud Supreme Court, alleging a violation of equality and deficiencies in the process. The tribunal accepted the petitions and overturned the conference's decision, citing flaws in the counting and the integrity of the elections, including missing envelopes and discrepancies in the number of votes.

Abed turned to the District Court and argued that the tribunal exceeded its authority when it intervened in a decision made by the party's institutions. He further argued that his situation is different from other Knesset members, as he only recently entered the Knesset and does not enjoy an inherent advantage.

In the verdict, the judge accepted the argument that the very advantage held by incumbent Knesset members does not necessarily constitute a violation of equality, and noted that similar gaps may exist among candidates holding other public positions.

However, the decision remained in place due to the flaws in the voting process. The court emphasized that the majority by which the proposal was approved was slim, and that deficiencies were found — including the disappearance of five envelopes and discrepancies between the number of voters and the actual votes — that could have affected the result.

It was further determined that intervention in the decisions of an internal party tribunal is reserved for exceptional cases, and that in this case, there is no justification for interfering with the factual findings of the Likud Supreme Court.

In conclusion, the lawsuit was rejected, and thus the decision remains in effect that Knesset members, ministers, and deputy ministers — incumbent and former — will not be able to run in the districts in the upcoming primaries.

The judge ruled that under the circumstances of the case, where part of the fundamental argument was accepted but the arguments regarding the flaws in the process were rejected, no costs will be awarded.