The High Court of Justice proposed canceling Yehuda Eliyahu appointment as head of the Israel Land Authority. The panel of justices provided the state, Eliyahu, and petitioners with 48 hours to reply to this suggestion. Any interim appointment must follow proper procedures, though the court left open whether Eliyahu could act as temporary leader during a renewed selection process.

The hearing addressed three petitions challenging the May approval of Eliyahu by Prime Minister Benjamin Netanyahu, Finance Minister Bezalel Smotrich, and Construction and Housing Minister Haim Katz. A key focus was Eliyahu ties to Smotrich. Government officials acknowledged a prior political link but maintained it belonged to an earlier time.

Judges questioned search committee process

The justices emphasized they were not doubting Eliyahu general qualifications. Instead they examined whether the search committee had sufficiently shown he possessed the exceptional skills needed to recommend him despite his connection to one of the appointing ministers. The state noted Eliyahu placed first with a 4.2 point margin over the next candidate, yet the court asked if the scores demonstrated a clear and substantial difference.

Justice Grosskopf observed that adjusting how certain committee members views were counted could allow other candidates to achieve comparable results. Justice Willner stressed the issue was not whether Eliyahu was somewhat stronger but whether the gap was large enough to prove special qualifications. The court also examined why the committee invited only Eliyahu to supply extra details on his experience after initially planning to present three ranked candidates.

Concerns raised over committee makeup

Additional questions arose about the search committee composition and possible conflicts involving two members. Justice Willner described the appointment process as having quite a few flaws, some of which could not be overlooked. The state defended the committee actions and maintained Eliyahu was the strongest candidate. Eliyahu counsel suggested any issues could be resolved by returning the matter to the committee rather than canceling the appointment entirely.