Ashby Vs white case summary
Facts:
John Ashby, a voter in the borough of Aylesbury, was denied the right to vote by the returning officer, White. Ashby claimed he was qualified to vote under the borough's charter. White refused Ashby's vote, allegedly due to partisan motivations.
Issue:
Can a voter who is wrongfully denied the right to vote bring an action against the returning officer?
Relevant Legal Concepts:
1. Right to Vote
2. Constitutional Rights
3. Electoral Law
4. Ubi Jus lbi Remedium
5. Iniuria sine damnum
Judgement:
There was a violation of Mr. Ashby’s fundamental right to vote.
Even though Ashby did not sustain any actual loss or damage, his fundamental right was violated
Lord Holt’s judgment emphasised the doctrines of Injuria Sine Damnum (legal injury without physical harm) and Ubi Jus Ibi Remedium (where there is a right, there is a remedy), underscoring the protection of fundamental rights and the accountability of public officials.
Impact:
1. Expansion of voting rights in the UK.
2. Establishment of electoral remedies for disenfranchised voters.
3. Precedent for future cases involving voting rights and electoral disputes
By- Maihar sundaram singh
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