Question

Principle : In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts : 'P' was wrongfully prevented by the Returning Officer from exercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brought an action claiming damages. Which of the following derivations is correct?

• A. 'P' would succeed in his action, as it is mandatory to cast vote.
• B. 'P' would not succeed in his action, as the candidate for whom he wanted to give his vote won the election.
• C. 'P' would not succeed in his action, as he did not suffer any loss in that election.
• D. 'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.

Answer 1

The correct option is D 'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.

The reasonable conclusion drawn that it is violation of a legal right without chasing any harm, loss or damage to the plaintiff. Thus it is actionable in a tort. Hence 'P' would succeed in his action, as he was wrongfully prevented from his legal right of voting. Option (d) is correct.