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  • ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom

‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But, ‘A’ brought an action for damages.

Option: 1

Since no legal right of ‘A’ had been violated, therefore, as such, no compensation could be granted


Option: 2

Since legal right of ‘A’ had been violated, therefore, compensation should be granted


Option: 3

No compensation could be granted, as ‘A’ had suffered no loss as his candidate won the election


Option: 4

Since no fundamental right of ‘A’ had been violated, therefore, as such, no compensation could be granted


Answers (1)

best_answer

Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation). Since legal right of ‘A’ had been violated, therefore, compensation should be granted, hence the correct option is b. 

Posted by

Pankaj Sanodiya

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