Court ruling10/22/2026

High Court of Justice Rejects Smotrich's Petition on E1 Construction Tenders

The High Court of Justice upheld the directive to postpone the construction tender proceedings in the E1 area near Ma'ale Adumim until after the elections. The Court ruled that there were no grounds to intervene in the attorney general's decision: the chosen timing could have affected the election campaign.

Key facts

•Court: The High Court of Justice of Israel — HCJ
•Petitioner: Finance Minister Bezalel Smotrich
•Panel: Daphne Barak-Erez, Ofer Grosskopf, Khaled Kabub
•Project: More than 1,000 housing units in E1
•Outcome: The petition was rejected, and the proceedings were postponed until after the elections
•The case number and exact date of the decision were not specified in the original source

Who Challenged Whom and Over What

Finance Minister Bezalel Smotrich petitioned against Attorney General Gali Baharav-Miara's directive to postpone the tender proceedings until after the Knesset elections. The project, promoted by the minister, calls for the construction of more than 1,000 housing units in the E1 area near Ma'ale Adumim. The attorney general justified the postponement on the grounds of concern over prohibited election propaganda.

What the High Court of Justice Decided

Justices Daphne Barak-Erez, Ofer Grosskopf and Khaled Kabub rejected the petition. They noted that decisions concerning the tender are subject to rules restricting the actions of a caretaker government and found no grounds for judicial intervention in the postponement set for the opening of bids in the tender.

Why the Timing Was Considered Material

The Court emphasized the project's high degree of public sensitivity. According to the justices, holding the tender shortly before the vote could have been used for election propaganda, unfairly influenced the elections and tied the hands of the next government. At the same time, the Court did not find the municipality's arguments regarding the urgency of completing the tender sufficiently compelling.

Limits of Authority Before Elections

The Court emphasized: a candidate may tell voters about their achievements, but executive branch authorities must use their powers solely for the purpose for which they were granted. Therefore, decisions to take or refrain from taking significant actions close to elections must be examined in light of the concern that they could unfairly influence the results.

What this means for you

Until after the elections, the tender proceedings for the E1 project will not move forward according to the original schedule. The decision indicates that major and publicly sensitive actions by a caretaker government may be postponed if their timing could confer a political advantage before the vote or restrict the next government's freedom of action.

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