State Comptroller Vacancy: High Court Denies Petition to Force Vote Before New Knesset

Israel has operated without a state comptroller for four months, a gap the High Court of Justice ruled on Tuesday by rejecting a petition demanding a new vote. The decision leaves the selection of the next auditor to the incoming Knesset rather than the outgoing body.

The court, led by Justice Ruth Ronnen with concurrence from President Isaac Amit and Justice Khaled Kabub, found that the election timeline made it impractical for the current parliament to finalize the appointment. Ronnen noted that a new Knesset is scheduled to be elected, meaning the outgoing legislators are in their final days of service. The court ordered Speaker Amir Ohana and the Knesset to pay 10,000 shekels in costs to the petitioner, Yaron Gadot.

The vacancy began when Matanyahu Englman's term expired in early July. The comptroller's office reported that the lack of a sitting head has stalled dozens of audit reports and blocked protection orders for whistleblowers. While audit teams continue fieldwork and data analysis, they cannot finalize reports, open new investigations, or rule on party financing compliance. The office stated that it currently has no legal mechanism to protect employees who expose corruption.

The dispute traces back to June 3, when the Knesset failed to elect a successor in the first round. A second round, won by attorney Michael Rabello, was voided on July 2 after the High Court found that coalition lawmakers had filmed their ballots, breaching secrecy. The court identified five Likud members and one Shas member who were involved in the breach. Ohana had previously refused to schedule a new vote, stating on June 21 that the Knesset had already expressed its preference.

Writing for the court, Ronnen determined that Ohana violated an earlier ruling by delaying the process. She noted that the State Comptroller Law required the speaker to act with appropriate speed. Ronnen described his failure to comply as a violation of the judgment, though the dismissal of the petition did not constitute approval of his conduct. Knesset legal adviser Sagit Afik had argued for a quick resolution, while Ohana contended that timing was at his discretion.

Gadot had argued for a repeat second round before the new parliament's first sitting on November 10. The court declined this approach, citing the fundamental issue of an outgoing body making consequential appointments after voters had chosen its replacement. Ronnen left open whether the new Knesset must resume the contest between Rabello and Elron or restart the process entirely.

The ruling arrives as opposition leaders move to replace Ohana once the new Knesset is sworn in. The court emphasized that the public suffered harm from the prolonged vacancy, a position supported by the comptroller's office and the petitioner.