The High Court of Justice on Sunday proposed canceling Yehuda Eliyahu’s appointment as head of the Israel Lands Authority and recommended restarting the selection process with a reconstituted search committee. The court granted the state, Eliyahu, and the petitioners 48 hours to respond to the proposal.

The framework outlined by Justices Yael Willner, Ofer Grosskopf, and Khaled Kabub calls for rescinding the government’s decision to appoint Eliyahu. The search committee would be reformed with two members replaced, tasked with reinterviewing Eliyahu along with the two other top candidates, and given the option to consider additional applicants. The court left open the question of whether Eliyahu could serve as acting head during the renewed process but emphasized that any interim appointment must comply with the established rules.

The hearing addressed three petitions challenging Eliyahu’s appointment, which was approved in May by Prime Minister Benjamin Netanyahu, Finance Minister Bezalel Smotrich, and Construction and Housing Minister Haim Katz. The petitions mainly raised concerns about Eliyahu’s connection to Smotrich, one of the ministers involved in the appointment. While government representatives acknowledged the existence of a political relationship, they contended that it was tied to an earlier period and should not affect the current process.

The justices clarified that their scrutiny did not question Eliyahu’s overall qualifications but focused on whether the search committee had sufficiently determined that he possessed exceptional qualifications justifying his recommendation despite the political connection. Justice Willner noted that, if the committee was never fully convinced of Eliyahu’s distinct qualifications, it would be problematic to grant him an additional opportunity to elaborate while other candidates were not similarly allowed. Justice Kabub echoed this concern, questioning why the other finalists were not given equal chances.

Concerns were also raised about the search committee’s composition, including potential conflicts of interest involving two members. Justice Willner described the appointment process as having “quite a few flaws,” some of which were significant enough to warrant judicial intervention.

The state argued that the committee had acted appropriately and concluded that Eliyahu was the strongest candidate. Eliyahu’s legal representatives suggested that any procedural issues could be resolved by sending the matter back to the committee rather than annulling the appointment entirely. The court’s proposal signals a move toward reassessing the process amid questions about transparency and fairness in the selection of the Israel Lands Authority’s leadership.