There is a possibility of weakening the case if the GOvt wants. However, if the matter of such pending cases is suppressed by the elected representative in his nomination papers, some one may approach court for cancellation of his election.
The Election Commission, during the hearing on January 24, acknowledged that the directions issued by the apex court in 2018 to give wide publicity to the criminal antecedents of candidates contesting elections failed to yield the desired result of decriminalising politics.
The top court in its judgment delivered on September 25, 2018, had suggested enactment of a strong law to decriminalise politics.
The court had also issued directions to contesting candidates to disclose details of pending criminal cases against him/her in the form provided by the EC. It had also ordered political parties to publicise on their websites and in print and electronic media about the criminal antecedents of its candidates.
To the extent of taking Oath on his being elected, such oath can be administered by the Superintendent of the Prison. The fact that he was permitted to contest the election shows that he was not convicted yet and or undergoing imprisonment for an offense with a sentence of more than 2 years or completed 2 years or more of imprisonment. To that extent, he could be MLA.
However, depending upon the seriousness of the nature of the crime for which he is picked up and in jail for trial or undergoing imprisonment, he may or may not be granted bail. In any case, such a person cannot be as effective as an MLA who is free and not imprisoned.