Hon'ble Judges/Coram:
Kurian Joseph and Rohinton Fali Nariman

JUDGMENT

Kurian Joseph, J.

1. We have heard learned Counsel for the parties.

2. This writ petition Under Article 32 of the Constitution of India is filed mainly with the following prayers:

(a) To declare that Sections 2, 12 and 15(a) of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, which has since been notified on 3^rd of January, 2013 and the said Act to have brought into force as well on 15^th January, 2013, as unconstitutional and void since the said Act by amendment to the Securitisation and reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, has brought Multi State Co-operative Society within the ambit of SARFAESI ACT, 2002 and the RDDBFI Act, 1993 and that to further declare that the (Amended) Act, 2012 as unconstitutional and void for it is beyond the legislative domain of the parliament to enact law concerning the "co-operative societies" except as provided for Under Articles 249, 250, 252 or 253 of the constitution, and in doing so in contravention of Article 245 and 246 read with Schedule VII of the Constitution of India, has trenched into the exclusive legislative domain of the State legislature, nay, had inflicted fatal injury to the federal structure of the constitution, which constitute to be the very basic feature of our constitution;

(b) To declare that, between Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (as amended) and the Multi-State Co-operative Societies Act, 2002, provisions of the latter Act will prevail for recovery of purported amount due to/from a Co-operative Society or a Member or Borrower thereof and vice versa, and that the former Act stands ousted;

(c) To declare that Sections 2, 12 and 15(a) of The Enforcement of Security Interest and Recovery of Debts Laws (amendment) Act, 2012, inserting Sub-Section 2 (c) (iva) in the Securitisation and reconstruction of Financial Assets and Enforcement of securities Interest Act, 2002, and Sub-Sections 2 (d) (vi) and 19 (1A) in Recovery of Debts Due to Banks and Financial Instit........