The top court said if it transfers the election petition, it would be an expression of lack of faith in the entire high court.
A bench headed by Chief Justice N V Ramana agreed to hear next week the EC's plea after senior advocate Vikas Singh submitted a large number of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail machines (VVPATs) are still being preserved and need to be released.
The court, however, kept the disqualification in suspension for one month, allowing Swamy to file an appeal in the Supreme Court.
Justice Shampa Sarkar directed that Banerjee's election petition will be taken up for hearing on August 12.
Banerjee had moved the high court claiming she apprehended that she may not get justice from the judge due to his alleged BJP links.
Claiming Banerjee has been made aware that Justice Kausik Chanda, who is hearing her plea, was 'an active member of the Bharatiya Janata Party' and since the adjudication of the election petition will have political ramifications, it was prayed that the matter be assigned to another judge by the Acting Chief Justice, who is the master of roster.
In a setback for the ruling Left front in Kerala, the high court in Kochi on Monday set aside the election of the Communist Party of India-Marxist's A Raja from the Devikulam assembly seat in Idukki district.
Justice Purushaindra Kumar Kaurav said the mayor, also the returning officer, acted beyond her powers and her decision was impermissible as it was "not based on any material relevant to the issue".
The notification for the President poll will be issued on June 15, the CEC said, and June 29 will be the last date for the filing of nominations.
Observing that a deliberate and conscious attempt was made to influence his decision before the recusal application was placed before him, Justice Chanda imposed the cost for the manner in which the recusal was sought and directed that the amount be deposited to the Bar Council of West Bengal within two weeks.
Kande, in his petition filed through advocate Ajinkya Udane, said the ECI's decision discharging his vote has caused grave prejudice to his dignity and reputation, and sought that the HC quash and set aside the ECI's decision.
The litigation in the present case relates to the existence of two birth certificates of Abdullah Azam who allegedly gave the wrong date of birth while filing his nomination papers for the 2017 poll.
In a jolt to the Congress ahead of Himachal Pradesh polls, senior leader Anand Sharma on Sunday resigned from the chairmanship of the party's steering committee for the state, saying he was left with no choice after the 'continuing exclusion and insults'.
Patel had challenged the high court order which had dismissed his plea questioning the maintainability of Rajput's election petition.
The plea had also sought to bar the BJP and its leaders from using the "Jai Shri Ram" slogan during the poll campaign in the state.
West Bengal Chief Minister Mamata Banerjee has filed an election petition against Suvendu Adhikari before the Calcutta high court and the matter is listed for hearing before a single bench.
However, the SC granted liberty to the Gujarat Congress to file 'election petition' after conclusion of polls.
Setting in motion the process for the 16th presidential election, the Election Commission on Thursday said anyone desiring to contest would need 50 electors as proposers and 50 others as seconders -- a move aimed at weeding out non-serious candidates in these polls that once saw nominations getting rejected for 36 out of 37 candidates.
The ruling Dravida Munnetra Kazhagam maintained its winning streak in the two-phase local body elections in the nine newly created districts in Tamil Nadu trouncing the All India Anna Dravida Munnetra Kazhagam, which had earlier suffered defeat in the April 6 assembly election.
The bench also disagreed with the appellants that claim that their nominations were rejected 'arbitrarily and malafidely', saying 'cogent and convincing evidence needs to be led to prove this' and such a finding cannot be arrived at based on mere documents and annexures in a writ petition.
A bench comprising Chief Justice S A Bobde and justices A S Bopanna and V Ramasubramanian, that had reserved its verdict in the case on November 18, upheld the Allahabad high court judgment dismissing Bahadur's election petition against the poll panel's decision to reject his nomination papers.
Even before P A Sangma filed an election petition in the Supreme Court challenging Pranab Mukherjee's election as President, Mukherjee filed a caveat on Tuesday seeking a copy of the petition against him.
The pleas have also raised the issue of Election Commission's power on issuance of separate notifications for holding by-polls for casual and regular vacancies in Rajya Sabha.
The Gujarat high court on Tuesday declared state Bharatiya Janata Party minister Bhupendrasinh Chudasama's election in 2017 as void on grounds of malpractice and manipulation.
Chief Minister Mamata Banerjee said the verdict has quashed a 'false propaganda' aimed at defaming the state government.
The high court had held that Returning Officer "illegally rejected" 429 postal ballots during the counting of votes, while the victory margin was only 327.
The Trinamool Congress welcomed the Supreme Court verdict on panchayat polls in West Bengal as a "victory of democracy" and asked opposition parties to apologise to the people of the state.
Whether his nomination was rightly or wrongly rejected by the Election Commission depends on his eligibility, the court said.
Delhi Law Minister Jitender Singh Tomar on Thursday wrote a letter to Chief Minister Arvind Kejriwal over the controversy surrounding his law degree, and said the allegation of it being fake was "baseless" and intended to "malign" his image and that of the party.
The high court had on May 12, nullified 2017 election of Chudasama on the ground of malpractice and manipulation and have also refused to stay of the operation of the order till the disposal of his appeal
United Progressive Alliance's Presidential candidate Pranab Mukherjee on Thursday refused to comment on the Bharatiya Janata Party's plan to file an election petition against his nomination.
Home Minister P Chidambaram on Thursday ruled out his resignation in the wake of Madras high court decision in the election petition against him saying the verdict was not a setback for him but for his rival.
Tamil Nadu Chief Minister J Jayalalithaa on Thursday demanded the resignation of Home Minister P Chidambaram or his removal -- in the wake of the Madras high court rejecting his plea over an election petition -- and said his continuation would be a "blot on democracy".
The fifteen constituencies that will go to polls are: Athani, Kagwad, Gokak, Yellapura, Hirekerur, Ranibennur, Vijaynagara, Chickballapura, K R Pura, Yeshwanthpura, Mahalakshmi Layout, Shivajinagara, Hosakote, K R Pete and Hunsur.
The Bharatiya Janata Party has dissociated itself from any move by P A Sangma to legally challenge Pranab Mukherjee's election as the President in the Supreme Court, saying such a decision would be in his personal capacity.
The arrest was made following a police complaint lodged against him by Sameera Paikra, the BJP candidate from Marwahi constituency in the 2013 state assembly polls.
Virtually reopening its Hindutva judgement, the Supreme Court has decided to expedite hearing by a seven judge-bench for an authoritative pronouncement on electoral law categorising misuse of religion for electoral gains as "corrupt practices".
Home Minister P Chidambaram on Tuesday dismissed Tamil Nadu Chief Minister J Jayalalithaa's statement demanding his resignation on the ground he was elected in "fraudulent" manner in 2009 Lok Sabha polls calling it a "gross contempt of court".
The challenge would be held in the first week of May and could continue for ten days.
Yadav had moved the top court challenging the decision of Returning Officer to reject his nomination papers from Varanasi Lok Sabha seat, saying it was intended to "give walkover" to PM Modi.
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