The Supreme Court, sitting as the High Court of Justice, has accepted the petitions against the appointment of attorney Michael Rabello as State Comptroller, and ordered that the second round of voting, in which he was elected, be nullified.
The ruling was passed down by a panel presided over by Supreme Court President Isaac Amit, and consisting of Deputy President Noam Sohlberg, and Justices Daphne Barak-Erez, Gila Canfy-Steinitz, and Ruth Ronnen.
In the ruling, the Deputy President Sohlberg stated that the secrecy of the vote is not a personal privilege that a Knesset member may forgo, but rather a demand that applies to the entire voting process.
According to Sohlberg, the video documentation of the vote undermines secrecy, can put pressure on other MKs, and harms the independence of their judgment.
The judges noted that at least six Knesset members filmed their votes, undermining the secrecy of the process. Given that Rabello was elected by an advantage of only four votes, it was determined that there is a real possibility that the defect affected the vote. Therefore, the second round of voting must be nullified.
The ruling emphasized that the Knesset must complete the process of electing a Comptroller as soon as possible and in accordance with the provisions of the law. It also noted that it would be appropriate for the Knesset to clearly regulate the rules of secret voting to prevent similar cases from recurring in the future.
The ruling comes just one day after the Supreme Court issued an interim order freezing Rabello's appointment.
In its decision, the court said the temporary order was necessary because of the approaching end of the current comptroller's term and to allow sufficient time to issue a final judgment.
"The order is issued in view of the time constraints arising from the end of the incumbent State Comptroller's term and in order to allow sufficient time for rendering a judgment in the proceeding," the court wrote.
The justices emphasized that the order is intended to preserve the status quo until the petitions are decided and said a final ruling would be delivered as soon as possible.