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—

• A. Y can sue X on the ground that he was denied the right to cast vote, which is a fundamental right.
• B. Y can sue X on the ground that he was denied the right to cast vote, which is a legal right.
• C. Y cannot sue X because there is no injury or damage caused to Y.
• D. Y cannot sue X because the candidate in whose favour he wanted to vote was declared elected.

Hint:

Injuria sine damnum protects the right itself — proof of actual damage is unnecessary.

Answer 1

The Correct Option is B

The principle of Injuria Sine Damnum states that a violation of a legal right itself is actionable even without proof of actual damage. Here, Y’s legal right to vote was denied by X, the returning officer, regardless of whether the outcome of the election changed. The denial itself is sufficient cause for legal action.