Question

PRINCIPLE:\( \textit{injuria sine damnum} \)i.e., injury without damage.
FACT: SONU, a returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, a qualified voter. The candidate whom MONU sought to vote was declared elected.

• A. : MONU can sue SONU on the ground that he was denied to cast vote, which is a fundamental right
• B. : MONU can sue SONU on the ground that he was denied to cast vote, which is a legal right
• C. : MONU cannot sue SONU because there is no injury or damage caused to MONU
• D. : MONU cannot sue SONU because to whom he sought to vote was declared elected

Hint:

Violation of a legal or fundamental right is actionable even without actual damage. That is called \textit{injuria sine damnum}.

Answer 1

The Correct Option is A

Under the doctrine of \textit{injuria sine damnum}, a legal injury (violation of a right) is sufficient to bring a suit even if there is no actual loss.
Here:
MONU was denied his fundamental/legal right to vote.
Even though the outcome of the election was unaffected, his individual right was violated. Thus, MONU can sue SONU for denial of this fundamental legal right. \fbox{Final Answer: (A): MONU can sue SONU on the ground that he was denied to cast vote}