Rights of the partner in a partnership firm

You will have to pass an unonimous resolution of all other partners to remove the Managing Director.

Besides this, all partners should seek accounts of the firm. 

Legal Considerations 1. Partnership Deed The first thing to check is your partnership deed. It should outline: The process for removing a managing partner. Voting requirements for major decisions. Rights and duties of each partner.

2. Majority Rule In most cases, removal of a managing partner requires a majority vote unless the deed specifies otherwise. With 5 partners, you'd typically need support from at least 3 partners to take action. 

3. Breach of Fiduciary Duty A managing partner has a legal obligation to act in good faith and maintain transparency. Failure to disclose financials may constitute a breach of fiduciary duty, which can be grounds for removal or legal action.

 4. Transfer of Role You can propose transferring the managing role to yourself or another partner, but again, this usually requires majority consent.

5. Legal Remedies If the managing partner refuses to cooperate: You may issue a legal notice demanding disclosure. You can file a civil suit for breach of fiduciary duty. You may also seek injunctive relief to prevent further mismanagement. 

Suggested Steps Review the partnership deed thoroughly. Document all instances of misconduct or non-disclosure. Consult with the other partners to gauge support.

Any meaningfu suggestion requires that the partnership deed be perused and issues discussed.

It is better to seek professional services of a local prudent lawyer for proper analyses of facts/documents and necessary advise/ proceeding.

Take help of company secretary of your firm.

In a partnership firm with five partners, one partner cannot unilaterally remove another. Removal typically requires either the consent of all partners or specific provisions in the partnership agreement allowing for expulsion under certain conditions. Without such provisions, a partnership would generally need to be dissolved to remove a partner, or the partner would need to voluntarily retire. 

If the partnership agreement doesn't allow for expulsion or if the partners cannot agree on a removal, the only way to remove a partner may be to dissolve the partnership. This involves winding up the business and distributing assets among the partners. 

A partner can be removed from a partnership firm through retirement, expulsion, insolvency, death or dissolution of the firm, as per the provisions of the Partnership Act, 1932.