In a 7 to 4 decision, the Court decided to accept the appeal of the NDA and to cancel the decision of the CEC. The Court also decided to reject the decision of the CEC to bar MK Bishara from participating in the 28 January 2003 elections. The seven Supreme Court Justices who voted with the majority are: Chief Justice Barak, and Justices Dorner, Beinish, Mazza, Englard, Procaccia, and Rivlin. The four Supreme Court Justices who signed the dissenting opinion are: Deputy Chief Justice Levin and Justices Strasberg-Cohen, Turkel and Levy.
The Court was unanimous in rejecting the decision of the CEC to ban MK Ahmad Tibi from participating in the elections, thus reinstating his candidacy.
The Court stated that it would issue its reasons for these rulings at a later date.
Adalah General Director Hassan Jabareen, Advocate, represented the NDA and MK Azmi Bishara before the CEC and Supreme Court, while Adalah Staff Attorney Marwan Dalal represented MK Tibi.
Adalah General Director Hassan Jabareen, Advocate stated that: “Adalah welcomes the Supreme Court decisions. These decisions suggest that when there is a rational discourse without subjectivity, in contrast to the partisan voting of the CEC, the result will be positive.”