Mr. Amitabh is a judicial magistrate in a lower court. He was appointed to hold office of the special court for the speedy disposal of the pending cases under the Companies Act, 2013. Decide as per the applicable provisi

According to section 435(1) of the Companies Act, 2013 (Act), the Central Government may, for the purpose of providing speedy trial of offences under this Act, except under section 452, by notification establish or designate as many Special Courts as may be necessary. Further as per section 435(2) of the Act, a Special Court shall consist of- a single judge holding office as Session Judge or Additional Session Judge, in case of offences punishable under this Act with imprisonment of two years or more; and a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working. In view of the above provision it may be said that if Amitabh is Metropolitan Magistrate or a Judicial Magistrate of the First Class of the Lower Court, the appointment is tenable and if not, then the appointment is not tenable.