A cast his vote in the election. The returning officer cancelled his vote illegally. The action did not affect the election as the candidate voted for by A won by a big majority. Can A sue the…
Question and options
A cast his vote in the election. The returning officer cancelled his vote illegally. The action did not affect the election as the candidate voted for by A won by a big majority. Can A sue the returning officer under the Law of Torts?
- No, there is no legal injury
- Yes, there is Legal Injury
- No, his right to vote is not infringed
- None of the given options is correct
Answer and explanation
Correct answer: B - Yes, there is Legal Injury
Ashby v. White: infringement of a legal right (right to vote) is actionable per se even without damage (injuria sine damno). So A can sue; there is legal injury.
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