Judge questions if Likud court overstepped authority in clash over party primary rules

A Tel Aviv District Court judge is scrutinizing the Likud party's internal tribunal, questioning its authority in a dispute over rules for the upcoming primaries. The core of the conflict lies in a narrowly approved change that would permit serving members of Knesset and ministers to vie for district positions on the Likud's Knesset list. However, the party's tribunal later invalidated this decision.

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The case centers on a narrowly approved change that would allow serving MKs and ministers to compete for district slots on the Likud’s Knesset list, a move the party tribunal later ruled could not stand.

Judge Yaakov Shaked withheld a ruling at the hearing, stating a written judgment would be issued later. The case was initiated by Likud MK Afif Abed, who seeks to overturn the tribunal's decision before the party primaries, originally scheduled for August 17. The complexity arises from how the Likud constructs its Knesset list, with Prime Minister Benjamin Netanyahu holding the top spot and registered members voting for national list candidates while others compete for district positions.

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Judge Yaakov Shaked did not issue a ruling at the end of the hearing, saying a written judgment would follow.

The debate centers on temporary regulations determining the allocation of these categories. Under the framework discussed for this year's convention, serving ministers, deputy ministers, and MKs were initially barred from district races. A proposal, supported by Likud Central Committee chairman Haim Katz and Netanyahu, aimed to reverse this. This proposal passed by a slim margin on July 27, alongside others, including one granting Netanyahu eight reserved Knesset spots.

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Courts do not normally act as appeals courts over a political party’s internal tribunal, he said, except in unusual cases such as where the tribunal is alleged to have acted outside its authority.

Following the vote, MK David Bitan alleged irregularities, leading the dispute to the Likud's highest internal judicial body. This body ruled that serving MKs and ministers could not participate in district races, prompting Abed to bring the matter to the Tel Aviv District Court. At the hearing, Judge Shaked primarily focused on whether a civil court should even be involved, noting that courts typically do not act as appellate bodies for political parties' internal tribunals unless the tribunal is accused of exceeding its authority. Abed's attorney argued that this was precisely the situation, asserting the tribunal lacked the power to impose its specific outcome.

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His argument was not simply that the tribunal had reached the wrong conclusion, but that it had imposed a result it had no power to impose.