Since yiu have been registered as provisional committee you must gold elections after 1 year 

2) generally elected MC is for 5 years bout in your case elections were held for PC 

3) 3 member committee was ad hoc committee only 

Registration is for one year only hold fresh elections 

No elected management committee is not a provisional committee. The committee before election is the provisional one

1. The 3 member body was de facto operational, but not legally constituted, and this committee was not having statutory authority to appoint vendors or represent the society legally.

2. Yes, under the as per Section 73AAA of the Maharashtra Co-operative Societies Act, the tenure should be for 5 years from the date of first meeting.   

3. Lodge a complaint to DDR for the correction of tenure from 1 year to 5 years.

This is a common and often confusing situation in housing societies, especially when a builder is involved. Let's break down your questions based on general principles of Cooperative Society Acts in India (as specific laws can vary slightly by state, but the core principles are similar, particularly for Maharashtra and Delhi where much information is available).

It is important to determine which state's Cooperative Societies Act your society is registered under, as this will govern the specifics. Assuming it's a typical Indian state, here's the advice:

Understanding the Legal Framework for Housing Societies

• Cooperative Societies Act: Housing societies in India are primarily governed by the respective state's Cooperative Societies Act (e.g., Maharashtra Cooperative Societies Act, 1960; Delhi Cooperative Societies Act, 2003). These acts and the model bye-laws adopted by societies outline the rules for registration, management, elections, and member rights.

• Term of Management Committee: Generally, the term of an elected management committee in a cooperative housing society is five years. This is a standard provision in most state Cooperative Societies Acts.

Addressing Your Questions:

1) If the Current Committee is Provisional then under which Law was the First Committee of 3 Members Formed how did they Took Handover and Appointed Vendors Like a tanker Vendor, Facility Management Services etc ?

• Provisional Committee by Builder: The "Provisional Committee of Three Members" formed by the builder for April, May, June 2024, likely has no legal sanctity under the Cooperative Societies Act once the society is registered.

• Builder's Role and Provisional Committee: The builder's primary role, as per laws like the Maharashtra Ownership Flats Act (MOFA) in Maharashtra (and similar provisions in other states), is to form the cooperative society and transfer the title and necessary documents to the society after it's registered.

• First General Meeting & Provisional Committee (Legal): The Cooperative Societies Act typically mandates that within a certain period (e.g., three months in Maharashtra) from the society's registration, the Chief Promoter(usually the builder or a person designated by them) must convene the First General Meeting (FGM). In this FGM, a Provisional Committee is elected by the members (or nominated by the Registrar if members fail to elect one). This legally constituted provisional committee is then responsible for managing the society's affairs until a regular committee is elected.

• Taking Handover and Appointing Vendors: If the builder formed a committee before the legal provisional committee was constituted at the FGM, that builder-appointed committee acted outside the legal framework of the Cooperative Societies Act. Any actions taken by them, such as appointing vendors, while seemingly practical for day-to-day operations during handover, might be legally questionable in terms of their authority. They likely operated under some informal understanding or even the builder's own directive, but not necessarily under the registered society's bye-laws or the Cooperative Societies Act.

  • Implication: This means any contracts or appointments made by this builder-appointed "provisional committee" could potentially be challenged, as they were not a legally constituted body of the registered society.

2) Also Why Can’t our Committee be 5 Year Committee since it’s a Second Committee and formed after Elections

• Legal Term for Elected Committee: As mentioned, the standard term for an elected management committee under most Cooperative Societies Acts is five years.

• DDR's Mistake: If your current committee was formed after proper elections in the presence of a government-empanelled person, and was duly registered on 16/09/2024, then it should indeed be for a five-year term. The registration for 1 year as "Provisional" appears to be an error on the part of the Deputy Director of Registrar (DDR).

• Reasons for DDR's Mistake (Possible Scenarios):

  • Misinterpretation of "First Committee": The DDR might have mistakenly considered this elected committee as the "first" committee after registration, and thus provisional, assuming the actual "first general meeting" where a provisional committee is elected was somehow missed or not properly executed.

  • Lack of Clear Documentation: There might have been ambiguities in the documents submitted for registration regarding the nature of the elections (whether it was for a provisional or a regular committee).

  • Standard Procedure: In some cases, the Registrar might initially register a newly elected committee as "provisional" for a short period (e.g., 1 year) to ensure all formalities are complete and the society is fully functional before granting the full 5-year term. However, this is less common if proper elections have already taken place with government supervision.

  • Default Term for Provisional Committee: The law specifies a term for a "provisional committee" (often 1 year) if it's nominated by the Registrar when members fail to elect one. The DDR might have applied this provision incorrectly to your properly elected committee.

3) Elections were due from 2022 then there should be No Legal Santity for 3 Members Committee which Took Handover from Builder.

• You are correct. If the society was formed (registered) in 2022, elections for a provisional committee (at the FGM) and subsequently for a regular management committee should have ideally happened within the timelines prescribed by the Cooperative Societies Act.

• Consequences of Delay: The delay in holding elections and the builder forming an informal committee highlights a potential lapse in compliance with the Act. The 3-member committee formed by the builder after possession in April 2024, if not formally elected at the FGM as a provisional committee, indeed lacks proper legal sanctity under the Cooperative Societies Act. Their actions, while possibly necessary for immediate operational needs, were technically unauthorized from a legal standpoint of the registered society.

What would be the Approach here and are we right we should be for 5 years as per law and It was DDR Mistake to register This Second Committee for 1 year as Provisional when Proper Elections were held in presence of government empanelled personal.

Your Committee's Approach:

You are largely right in your understanding. Your committee, having been elected through proper elections in the presence of a government-empanelled person, should ideally have a 5-year term. The 1-year "provisional" registration is likely an administrative error.

Here's the recommended approach:

1. Review Society's Registered Bye-laws and Records:

   • Obtain and thoroughly review the society's registered bye-laws. These bye-laws, adopted by your society and approved by the Registrar, will specify the term of the management committee.

   • Check the documents submitted for the registration of your current committee on 16/09/2024. See how the committee was represented (as provisional or elected regular committee) and if there was any specific mention of the term.

   • Confirm the exact date of society registration in 2022.

2. Refer to the Specific Cooperative Societies Act of Your State:

   • Identify the exact section in your state's Cooperative Societies Act that defines the term of an elected management committee. This is crucial legal backing. Most acts specify 5 years.

   • Also, check provisions related to the formation of a provisional committee and the conduct of the first general meeting.

3. Gather Evidence of Proper Elections:

   • Collect all documentation related to the elections held for your current 17-member committee. This includes the election notification from the Deputy Director of Registrar (if available for these specific elections), minutes of the general body meeting where elections were held, nomination papers, ballot papers (if applicable), election results, and the report of the government-empanelled person who oversaw the elections. This evidence will prove that it was a formal, democratic election for a regular committee, not a provisional one.

4. Communicate with the Deputy Director of Registrar (DDR):

   • Formal Representation: Draft a formal representation (letter) to the Deputy Director of Registrar.

   • State Your Case Clearly:

     • Mention the society's registration date (2022).

     • Explain that the first election notification was issued in 2022 but elections couldn't be held due to construction.

     • Explain that the builder formed an informal 3-member committee (without legal basis under the Act).

     • Highlight that your current 17-member committee was formed through proper elections in the presence of a government-empanelled person and was subsequently registered on 16/09/2024.

     • Cite the relevant section of your state's Cooperative Societies Act that specifies a 5-year term for an elected management committee.

     • Request the DDR to rectify the registration to reflect a 5-year term for your committee, as it was a duly elected committee and not a provisional one.

   • Attach Supporting Documents: Include copies of all relevant documents (society registration certificate, election notification, election results, minutes of the general body meeting, etc.).

5. Seek Legal Advice:

   • It is highly recommended to consult with a lawyer specializing in Cooperative Society law in your state. A lawyer can:

     • Interpret the specific provisions of your state's Cooperative Societies Act and relevant rules.

     • Advise on the best legal strategy to challenge the 1-year registration.

     • Help draft formal communications to the Registrar's office.

     • Represent your society if a dispute or appeal becomes necessary.

Regarding the "Legal Sanctity for 3 Members Committee":

While you are correct that this committee lacked legal sanctity under the Cooperative Societies Act, challenging their past actions (like vendor appointments) retrospectively can be complicated and may not always be fruitful if the services were genuinely rendered and benefited the society. The focus should be on establishing the correct legal standing of your current committee.

1. In Maharashtra, the elected management committee of a housing society typically serves a five-year term even though the society's registration is for one year..  A provisional committee of a housing society, even with only three members, can appoint vendors for facility management. The provisional committee, as per the model bye-laws, has the same powers and functions as a duly elected committee . This includes the authority to select and engage vendors for various services like facility management, subject to the society's bye-laws and any applicable regulations.

2.  While the initial registration of a housing society is for one year, the elected management committee's tenure is five years.

3. Elections for the committee must be conducted every five years, before the end of the existing committee's term.

The specific procedures for conducting elections are detailed in the society's bye-laws, which are based on the model bye-laws provided by the state.

The Maharashtra State Cooperative Election Authority is responsible for overseeing and conducting these elections. Elections for the committee are to be held before the expiry of the five-year term

The 3-member committee formed by the builder during possession was a provisional one and had limited authority, mainly for basic handover and vendor management. Since proper elections were held later in 2024 under the Registrar's supervision, your 17-member elected committee is valid and should have a five-year term as per the Maharashtra Cooperative Societies Act. If the Registrar mistakenly registered it as provisional for one year, you can request correction by submitting election documents. If needed, approach the Co-operative Court to resolve it.

Our housing society in Pune was formed in 2022 under the Maharashtra Co-operative Societies Act, 1960. Although the Deputy Registrar had issued an election notification in 2022, the building was still under construction, and the builder handed over possession in April 2024. At that time, the builder informally formed a three-member provisional committee to manage services like water tankers and facility management from April to June 2024. After that, proper elections were held in the presence of a government-appointed officer, and a 17-member management committee was elected and registered on 16/09/2024. Despite being the first valid elected committee under the Act, the Registrar recorded our tenure as one year instead of five. We believe this is an error because, as per Rule 74 of the MCS Rules, a properly elected committee should hold office for five years. We would like to confirm that the builder’s provisional committee had no legal sanctity, and our elected committee should be considered the first valid one with a five-year term. Please advise if the one-year registration was a mistake by the DDR and guide us on how to rectify it.

Dear Sir/Madam,

It is suggested that all the things will run respect to administration will run according to the bye law of the society and it must have been prepared for your society too. If there is any mistake in registration for time period of new committee, the same may be corrected thorugh appropriate application. You are advised to proceed accordingly. 

The 3‑member group that the builder made was only a temporary arrangement to look after basic things like water and security till proper elections could be held. Legally, it wasn’t a proper committee at all.

Your society got its first valid elected committee on 16 September 2024. Under Maharashtra co‑operative law, once such elections are done, that committee’s term is 5 years. The “1 year” written in the registration records seems to be just a mistake by the DDR.

So, there is no need for fresh elections now – you only need to write to the DDR and ask them to correct the record to show your term up to September 2029.

After the builder hands over possession, a provisional or ad-hoc committee is often set up to manage routine affairs until proper elections for a fully constituted management committee are held. Such a committee is a temporary arrangement and does not enjoy full legal sanctity under the Cooperative Societies Act; it primarily performs day-to-day functions under the oversight of the builder/promoter and the members. The contracts and decisions they make—such as appointing vendors—are usually regularized or ratified by the first elected managing committee.

When a regular management committee is duly elected in the presence of a government observer, it is entitled to serve for the duration prescribed under the relevant cooperative housing society laws—commonly 5 years from the date of election or registration. If your committee was registered in September 2024 after a properly conducted election, it should be considered a regular committee entitled to serve a full term, not merely a one-year provisional term, unless there are clear legal or procedural reasons cited by the authorities. Registering your committee for just one year appears to be incorrect if the elections were conducted in the prescribed manner.

The previous 3-member committee, being provisional, had a limited and transitional role. Any important decisions taken should ideally be reviewed and ratified by your duly elected managing committee to confirm their legitimacy. While the delay in holding elections from 2022 is technically a compliance lapse, the committee’s legitimacy is established now that elections have taken place.

It is recommended that you submit a written representation to the Deputy Director of Registrar, clearly outlining the facts and seeking correction of your committee’s registered tenure to the legally mandated 5 years. You should provide all documents related to the election process, the government observer’s report, and compliance records. If a satisfactory response is not received, you have the option to send a legal notice and, if necessary, appeal to the Registrar or the Co-operative Court. Meanwhile, carry out all functions expected of a validly elected committee to ensure uninterrupted governance.

In summary, your committee should be entitled to a full 5-year term, and previous arrangements made by the provisional committee should be appropriately ratified. If you require assistance for submissions to the Registrar, drafting legal notices, or representation before authorities, please feel free to contact me for a professional consultation.