Principle In case where there is an infringement of legal right even without any actual loss or dama...........

Legal Concepts Law of Torts

Principle: In case 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. Still he ('P') brought an action claiming damages. Which of the following derivations is correct?

'P' would succeed in his action, as it is mandatory to cast vote.

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

'P' would not succeed in his action, as he did not suffer any loss in that election.

'P' would not succeed in his action, as the candidate for whom he wanted to give his vote won the election.

Explanation:

As right to vote is a legal right not a fundamental right but no one can be wrongfully stopped from exercising his legal duty.
'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.