- (1.) A short but important question of law arises for consideration in the instant matter, as well as several other similar matters which are pending before this Court. The issue relates to introduction of certain new provisions into the West Bengal Co-operative Societies Act, 2006, (hereinafter referred to as the Principal Act) by way of a recent amendment of the Principal Act. The Principal Act was amended by the West Bengal Co-operative Societies (Amendment) Act, 2011 (hereinafter referred to as the Amendment Act), which obtained the assent of the Governor and was published for general information by way of a notification dated 30th January, 2012. Later, by a notification dated 06th February, 2012, issued by the Government of West Bengal and published in the Kolkata Gazette, the Amendment Act came into force.
(2.) The moot question is whether certain provisions of the Amendment Act are repugnant to the legal fiction introduced under the non obstante provision in the Repeal and Savings clause, as contained under section 6 of the Principal Act and ultra vires the Constitution of India and also contrary to the provisions of the Constitution (One Hundred and Eleventh Amendment) Bill, 2009, which later on became the Constitution (Ninety Seventh Amendment) Act, 2011, upon receiving Presidential assent on 12th January, 2012 and coming into force later on 15th February, 2012.
(3.) In order to examine the issue, at first it is necessary to consider some relevant details.;