High Court says Ohana breached ruling, but leaves comptroller vote to next Knesset

The High Court of Justice dismissed a petition to compel Knesset Speaker Amir Ohana to hold a repeat vote for state comptroller, despite finding his prolonged failure to arrange it breached an earlier ruling. The court left the appointment to the incoming Knesset, leaving Israel without a comptroller for four months and blocking audit reports and whistleblower protection. Ohana and the Knesset were ordered to pay NIS 10,000 in costs.

The High Court of Justice dismissed a petition on Tuesday seeking to compel Knesset Speaker Amir Ohana to hold a repeat vote for state comptroller, despite finding that his prolonged failure to arrange it amounted to a breach of the court's earlier ruling. The justices concluded that too much time has passed and a new Knesset is on its way to being elected, so the choice should now be left to the incoming parliament. The ruling, written by Justice Ruth Ronnen with the agreement of Supreme Court President Isaac Amit and Justice Khaled Kabub, leaves Israel without a state comptroller four months after Matanyahu Englman's term ended. The vacancy has blocked the completion and publication of dozens of audit reports and the issuing of protection orders for whistleblowers. The court ordered Ohana and the Knesset to pay petitioner Yaron Gadot NIS 10,000 in costs. The dispute began on June 3, when the Knesset voted for a new comptroller. Two candidates ran: retired Supreme Court justice Yosef Elron and attorney Michael Rabello. Neither got 61 votes in the first round. A second round gave Rabello a 61-57 victory, but the High Court annulled it on July 2 because ballot secrecy had been materially violated. Ohana did not set a new date, leading to the petition. The court found that his prolonged failure to comply was tantamount to violating the judgment.