Question

Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage

Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected. Give the appropriate answer-

Options

• Y can sue X on the ground that he was denied the right to cast vote, which is a fundamental right.

• Y can sue X on the ground that he was denied the right to cast vote, which is a legal right

• Y cannot sue X because there is no injury or damage caused to Y

• Y cannot sue X because the candidate in whose favor he wanted to vote was declared elected.

Answer 1

Y can sue X on the ground that he was denied the right to cast vote, which is a legal right

Explanation:

It is violation of a legal right without causing any harm,  loss, or damage to the plaintiff. Thus it is actionable in tort. Hence Y can sue X on the ground, as he was wrongfully prevented from his legal right of voting.