An Atlantic City councilman accused of not living in the city was ousted with the swipe of a judge's pen Thursday.
Muhammad Zia, 50, insisted he was living at 110 N. Brighton Ave.
But without a certificate of occupancy and a preponderance of evidence showing no one was living in the home, Assignment Judge Michael Blee immediately removed Zia from his seat.
A special election to replace the Fifth Ward councilman was ordered. It must happen no less than 45 days or more than 50 days from the decision, meaning sometime from Oct. 13 to 18.
Candidates for the special election must be selected by the county committees within 15 days, or before Sept. 13.
"Muhammad Zia is ineligible to run in the special election as he has not established residency to qualify to stand as a candidate," Blee wrote in his order.
The case was opened by Maria Lacca, who was Zia's Republican challenger in November. She lost to Zia by 44 votes.
One of the witnesses who helped the case indicated during his testimony that he did not want to be there.
Former Councilman Jeffree Fauntleroy said he did not want to face retribution, and tried to see about not answering the subpoena for him to testify.
It turns out, he stayed in the top unit of 110 N. Brighton for about a month this past May.
That was in contrast to Zia's testimony that he not only lived in the residence during that month, but that no one was living with him.
Testimony and photographs by Fauntleroy "prove that Mr. Zia's ... testimony was inaccurate and not credible," the judge wrote.
Whether Zia lived in Atlantic City for the year prior to his November election is unclear. Despite several witnesses testifying that he never lived at the Brighton Avenue address, Blee found that there was not enough evidence to prove that Zia had not established the one-year required residency before the election.
But it was overwhelmingly clear that Zia has not lived at the address since his election, Blee found in revoking Zia's certificate of election.
Former friend Naeem Khan testified that he had attended meetings at the Egg Harbor Township residence and picked Zia up there for breakfast on at least three occasions. He said he had never been at the Brighton Avenue address.
Khan's testimony apparently angered Zia, who is now accused of third-degree terroristic threats and second-degree witness tampering after he allegedly threatened his former friend inside the Atlantic City Civil Courthouse during the trial.
Zia is due in court on those charges Sept. 5.
He missed an earlier court date this month, again for an address discrepancy.
A warrant was briefly issued for his arrest in that case, but the Atlantic County Sheriff's Office told BreakingAC it was vacated when it was realized it was sent to the wrong address.
The notice went to Harrisburg Avenue, but Zia told the office he lives on Brighton. Now that also is untrue, according to Blee's determination.
It was also found that Zia's wife, Gulnaz Kousar, votes in Atlantic City even though she lives at 23 Equestrian Road in Egg Harbor Township.
Her voter registration lists her address at 357 N. Harrisburg Ave., according to the court records. Her tax returns list her as living at the Brighton Avenue address.
She also has multiple restraining orders against her husband, the judge's decision says.
The most recent was last August at 110 N. Brighton Ave.
The couple's daughter also has a voter registration listing her address at 110 N. Brighton Ave., even though Emmaan Zia lives at the Egg Harbor Township address.
Her brother, Qasim Zia, is listed to vote at the Egg Harbor Township address.
Council President Aaron "Sporty" Randolph said he did not yet have enough information to comment.
Mayor Marty Small could not be reached for comment.
A call to Zia's attorney was not immediately returned.
